Police impounding of bikes legit?

Law enforcement has been cracking down on speeding and wreckless riding ever since the pack of hooligans got into it with the SUV driver a few weeks ago.

Over the weekend police in Suffolk county seized 7 bikes after receiving calls about bikes going 90mph and weaving.

I'm not condoning their behavior but as I live in the area Id like to know the truth- can police legitimately impound my bike if they determine I am weaving or speeding?

This article seems to suggest that they cannot:
http://m.policemag.com/article/941/vehicle-impounding


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Can they because of someone else reports them.... Id like to think not but lets bring the constitution into this. (Yes Im in Texas and we love US Constitutional law) If the police say, "citizen such and such complained on you for blah blah so we are ging to take your bike for operating it recklessly." That's fine. I have the right to face my accuser or at least know who my accuser is. Then when my lawyer tears their ass in court...or even if not...I would sue their asses off. The burden of proof would be on them and not me...Innocent till proven guilty...

I don't know how it works in New York.... Here in Texas....Constipated anal glaucoma (my ass doesn't see that shit happening)

 

The police followed them supposedly for 10 miles and then boxed them in. If they were doing 90 they prob could have just lit up their lights and announced it but they obviously wanted to avoid runners.

My question is : if the police determine you have infracted the law, at what point is it ok to impound?

According to the article the closest thing I read was that it's only permissible if the driver is unable to safely operate the vehicle either because of their condition or the vehicles condition.




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I would imagine that the police are probably stopping the said offenders and then determining if they have valid registration and/or their vehicle is compliant with the NY vehicle code, and then I'm sure they're going to be very strict about being compliant! Any non compliance...straight to the impound. I will have to give them the benefit of doubt, that they are not pulling over motorcyclist at random.

 

Why am I jumping into this? I should just stay out of this arguement.

I know very little about your constitutional law and to be honest, I am not really interested in learning more than I know unless it is learned through casual conversation with my friends here.

But the question was asked, can they do this? I suggest that there is some legislation on the books that is interpreted as giving the police in certain circumstances the authority to seize vehicles from people who are conducting themselves in a certain manner. If there is not some legislation there, then they would not be doing this, short of maybe some very small hick town type of police force.

So, where we are now, is will the courts support them doing this? Will the courts interpret the legislation the same way that the police did? We will not know until such time as it is brought before the courts, be it in a criminal case, or someone suing the police agency for what they perceive as being an abuse of authority. The courts will then pass judgement and police will be guided by that decision until such time as a higher court over turns the lower court, if that is the case.

Personally, not professionally, I have great difficulty with seizing and impounding a vehicle for a period of time in the first instance by police. I know my fellow LEOs are cringing right now, but I worked to protect peoples rights, not only to take an offensive position against those who I believe to be violating the law. Here,in my jurisdiction,if you are caught doing 40 kmh over the posted speed limit, your vehicle can be and is most often, impounded for I think is three days on first offense. There is an appeal period if you do not agree with this.

My problem with that is, you have lost your vehicle and it has been impounded for three days, or however long the legislation allows, and you are forced to make alternative plans for transportation to and from school or work or whatever while your car is in impound. Likely the appeal of this process is going to be far longer a period of time than the impound. So the part of the penalty has been imposed on you before it even gets to court, or the appeal hearing has taken place. So even if the appeal process has agreed with you, all you get back, is what you may have spent on the impound. The damage has, as far as inconvenience is concerned, has already taken place. You may have recourse against the police for improper impound but I believe you are going to have to satisfy the courts that there was a gross abuse of power. A difficult issue to prove I think. All they will need to do is raise the legislation that allows the seizure. What this all amounts to, is that the presumption of innocence until proven guilty is lost. The police are not wrong. The legislation may be.

I think that in “most” cases, the violator can be pulled over and notice served on that person, that a process was going to be initiated to impound that vehicle at a later date, not really any different than the issuance of a traffic ticket. With a traffic ticket, the offense is an allegation. Either you pay the ticket or go to court. If you pay the ticket, you have plead guilty to the offense. Once it is heard in court, the vehicle can be impounded or the courts can pass a suitable sentence in lieu of the impound if the vehicle is not available for any reason.

 

Thank you for your educated perspective Randy. I hope that my question did not come off as argumentative but more posing that there may be an argument against such action.

My concern isn't that knuckleheads in packs or solo will risk an impound so much as a what if I am determined to have offended a law and ought to have my vehicle removed forcibly from my possession? What exactly would have to be the circumstances for such an action to occur?

And that's the problem- I don't know.

Thanks again for an educated perspective. I suspected it would be something along the lines of which you speak.

There are many rules/laws in business and government which reflect certain policies and then there's how it really goes down in the world. As such there is so often that grey area where it leaves enough leeway for proper action to occur that is progressive or room for interpretation to the point of corruption.

Understanding the processes by which they occur permits more educated behavior for all involved.

Perhaps I ought to call the AMA (no not the medical one... The other one and see what they say.

I know some jurisdictions have had back and forths over motorcycle specific stops. All of this chatter lately about the hooligan riders makes me nervous to ride in groups. Not because of the behavior- but because of the pressure to collectively clamp down on bikes.

Prior to all of this Id already heard of friends riding locally within all laws who were en mass pulled over for no reason other than being in a group and on motorcycles. If the sentiment is strongly against motorcyclists I could conceivably have an unfair action taken against me over a minor infraction.




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It really depends on the statutes of where you live. Here in WA If someone is charged with reckless driving, which could be for something like doing say 90MPH in a 30MPH zone. The vehicle could be impounded along with the charge. Bike, truck or car it wouldn't be any different.

 

And this is why I ride solo. I'd only ever ride with other VFR riders....and only if they're from this particular forum.

 

Reckless endangerment... Makes sense. That's probably what those kids in Suffolk County got charged with.

I'm glad it's not earlier in the riding season. Plenty of cool off time.


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Sadly that rather sums it up. :thumb:


Over in Europe we (and our media) seem to have a perennial how do we deal with "reckless youth" debate which is inexorably trending to calls for more and more limitations on all youth when the problems stems from the actions of a tiny fraction. The latest UK "nanny state" idea is to further raise the age at which you can get a driving license(permit) to 18, and then severely restrict the vehicles they are allowed to drive/ride until they have managed several years incident free. So all our youth get punished for actions of others - who of course will continue to borrow(steal) other people rides whether they have a licence or not..

Seems our politicians need to realise that common sense is far from common amongst their ranks. Sadly I see its a problem shared by some folks on Capitol Hill.. Hey Ho.


SkiMad

 

Is it legit? Sure is.

M Jay is spot on.

Try: vehicle impounding ________

Fill in the blank with the state. Also included in some results will be the law in various jusrisdictions.

If the next question is can they impound the rider or the driver too? Yep..

Not a clue about those little countries like Canada and Texas..


If the law OKs it, a vehicle can be impounded in some places for a parking violation.

 

If I am going to jail, I would want my bike to get impounded. I would prefer that to it getting stolen off the side of the road.

 

If an act of prostitution in a vehicle is grounds fro getting impounded, Scubalong better stop whoring himself out before he loses all his bikes.

But more to the point - I think reality is different than what the book says. Whether your in NYC or some little hick town, if the cops want to impound your ride, they can and they will, regardless of what your offense may have been. And if it happens to be one-on-one (meaning you versus the cop), who's a judge going to believe? Even if this happens to be a violation of your Constitutional rights, then what's next? Pony up for an attorney and sue to local municipality?

 

He can't. Stuke keeps a tight leash on him and keeps pimping him out.

 

In california if you are caught street racing your car is not only impounded but crushed. no questions asked.
I'm sure this applys to bikes as well.
This has been going on for a few years now.

discuss.

 

Only in Kommie-Fornia...Do they make the owners watch too?

 

http://evostreetracers.org/Evo_Press_Release213.html


Maybe bikes too. Harley owners need not worry for all the usual reasons.

 

wow. crushed with no means of getting it out. If a car were "unique" or "rare" that would really suck, plus piss off the whole car community of show car people, not just the street racers.

Reckless driving, driving without a license, or plates, are grounds (in IL) for impounding the car. Don't know about crushing the car.

 

SOCAL has been a mecca for street racing for many years from choosing off or getting chosen off at a traffic light or even a boulevard stop. Same thing with canyon racing. The trend now is much more sophisticated using communication technology for setting up meets ect. The cars as well as the bikes are fast and with increased population levels. pretty much great weather ect. , lots of deaths and injuries.

If crushing is the law in a state, the law will be in that states vehicle code or even on Google using the right search terms.