Motorcycle Profiling in Washington State: A Problem in Need of Legislative Relief

Motorcycle Profiling in Washington State: A Problem in Need of
Legislative Relief
The Confederation of Clubs, US Defenders and ABATE of Washington State are
seeking support for legislation that would condemn and prevent the widespread law
enforcement practice of motorcycle profiling. Requiring law enforcement agencies
to adopt a policy preventing and condemning motorcycle profiling would reinforce
the State Supreme Court’s rejection of discrimination and pre-textual traffic stops
reaffirming our right to privacy as outlined in Article I Section 7 of the Washington
State Constitution.
I. Motorcycle Profiling by Washington Law Enforcement Agencies is Occurring and is
Widespread.
• Profiling, according to the Washington State Legislature’s current policies,
occurs when law enforcement targets an individual exhibiting
characteristics of a class that an officer believes more likely than others to
commit a crime. The practice of targeting an individual because they are
riding a motorcycle or wearing motorcycle paraphernalia is a perfect
example of profiling. (Definition of profiling in SB 5852 passed in 2002.)
• During Black Thursday January 22, 2009 the Washington State Patrol
indiscriminately profiled the motorcycle community on the grounds of the
Washington State Capital. While members of the motorcycle rights
movement were inside the Capital, attempting to find sponsorship for a
bill that would stop motorcycle profiling, the State Patrol was captured on
video crawling through the bushes in order to record the license plate and
identifying information of every motorcycle in the parking lot. When
confronted the State Patrol replied that they were gathering information
based on their fictitious belief that there is always a propensity for
violence when motorcycle clubs are together. (Correspondences attached)
This is, by definition, profiling. There has never been a violent incident
among motorcycle clubs at the Capital. The State Patrol’s behavior chills
political activism and demands legislative remedy.
• The Washington Courts have confirmed that the Washington State Patrol
is guilty of unlawful profiling and discrimination against motorcyclists. In
2002 the Court granted a permanent injunction against the State Patrol’s
use of a training pamphlet titled BIKER 101. (Wulfekuhle v. Washington
State Patrol, 2002 Attached.) On November 23, 2009 the Washington
State Patrol, under oath, explicitly admitted that they profile members of
motorcycle clubs and continue to use BIKER 101 as a training manual.
This gross violation of a Washington State Superior Court injunction
proves that the pattern of motorcycle profiling continues and that the
Washington State Patrol brazenly violates the liberties of motorcyclists
even in the face of judicial reprimand.
• The number of grievances and instances of profiling are continuing to
proliferate. The Washington State Confederation of Clubs has gathered a
substantial portion of profiling statements establishing a clear pattern of
law enforcement profiling. Motorcyclists are regularly interrogated about
club affiliations and organizational structure during what should be routine
traffic stops. Law enforcement has specifically identified club affiliation
as justification for detainment and handcuffing during routine traffic stops
out of fear for officer safety. Almost every member of every club in
Washington State, and many who are not in clubs, have experienced this
type of harassment. This proves law enforcement’s belief that motorcycle
club members are more likely than others to commit a crime.
II. Legislative Action is Required.
• Legislative action reinforces the Washington State Supreme Court’s
condemnation of pre-textual traffic stops and strengthens the right to
privacy explicated in Article I Section 7 of the Washington State
constitution. Privacy rights in Washington State exceed the protections
provided by the Fourth Amendment of the U.S. Constitution. (State v.
Ladson 1999, Attached)
• Legislative action is required to restrain the State Patrol’s entrenched
paradigm of discrimination towards motorcyclists. The Washington State
Patrol has continued to ignore the State of Washington Superior Court of
Thurston County’s permanent injunction against BIKER 101. The
legislature has the power and responsibility to change policy when the
judiciary speaks clearly and law enforcement refuses to hear.
• Legislative action closes loopholes that allow profiling to continue. Many
times following profiling stops motorcyclists are not arrested or given a
ticket. This makes it difficult to establish damages in individual instances
despite the fact that it is illegal to stop someone based on a pre-text.
Requiring all law enforcement agencies in Washington to change their
policy towards motorcyclists would close this loophole preventing less
quantifiable, but no less important, damages to privacy and equal
protection.
• Costs would be virtually non-existent. The fiscal note attached to the
SENATE BILL REPORT ESB 5852 on racial profiling passed in 2002
proves the costs of profiling legislation are negligible. More important,
any costs would be outweighed by the social benefit of preserving civil
liberties.