New York - Motorcycle Checkpoints: Round One Went to the Government but the Fight Has Only Just Begun

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http://uspolitics.einnews.com/247pr/278602
Motorcycle Checkpoints: Round One Went to the Government but the Fight Has Only Just Begun

In his battle on behalf of motorcyclists to prevent the New York State Police and other agencies from conducting motorcycle-only checkpoints, attorney Mitchell Proner has vowed to carry on the fight.
NEW YORK, NY, May 06, 2012 /24-7PressRelease/ -- The first round in the battle that the law firm of Proner & Proner is waging on behalf of motorcyclists to prevent the New York State Police and other agencies from conducting motorcycle only checkpoints was won by the police. In a 34 page decision, Federal District Court Judge Gary L. Sharpe ruled last November that the primary purpose of the New York checkpoints was public safety and that their effectiveness "grossly outweighed" their interference with individual liberties. The ruling overlooked the evidence that motorcyclists were targeted for reasons other than safety.
The challenged checkpoints were set up in proximity to well known motorcycle events. Motorcyclists traveling to those events were forced off the roadway by the police, regardless of any individualized suspicion, and compelled to undergo inspections. Although the inspections were termed "safety" inspections, the majority of tickets issued at the checkpoints were for violations unrelated to safety and the prevention of motorcycle accidents.
The attorneys of Proner and Proner are appealing the District Court decision to the 2nd Circuit Court of Appeals. On March 21, 2012, Mitchell Proner filed a lengthy brief arguing that the checkpoints clearly constitute an unreasonable search and seizure under the Fourth Amendment. Oral argument will probably take place this fall with a decision soon thereafter.
Proner has vowed to take the fight all the way to the Supreme Court if necessary. As a rider himself and a trial lawyer, Proner is intent on defending the rights of all riders who are being unfairly targeted. "Our right to be free from unreasonable seizures was a gift from our founding fathers which must be defended regardless of personal cost."
Website: http://www.bikerhelp.com/