Good Luck With This

February 19, 2015

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A California Assemblyman named Ken Cooley (above) introduced a bill last week that would require police officers to be given additional training to convince them they shouldn’t profile motorcycle riders.

Cooley told the Sacramento Bee that the bill is intended “to ensure that anyone entering law enforcement in California knows the ground rules to apply the law fairly without regard for irrelevant factors of, ‘I’m on a bike’ or they’re dressed a certain way….We recognize that this issue is a much bigger issue right now than the motorcycling setting but it is an important issue of people being secure in their persons and the administration of traffic laws.”

It is a bipartisan bill, sponsored by five Republicans and three Democrats. If you want to support or comment on it, it is Assembly Bill 334 titled: “An act to add Section 13519.17 to the Penal Code, relating to the profiling of motorcycle riders.”

No No

“The bill would require all local law enforcement agencies to adopt a written policy designed to condemn and prevent the profiling of motorcycle riders and to review and audit any existing policies to ensure that those policies do not enable or foster the practice of profiling motorcycle riders.” And the state of California would pay for whatever that costs.

The proposed law defines “profiling of motorcycle riders” to mean “using the fact that a person rides a motorcycle or wears motorcycle paraphernalia as a factor, without any individualized suspicion of the particular person, in deciding to stop and question,
take enforcement action, arrest, or search a person or vehicle, with or without legal basis under the California Constitution or the United States Constitution.”

The bill also requires that the California “Commission on Peace Officer Standards and Training shall ensure that the profiling of motorcycle riders is addressed in the course of basic law enforcement training and offered to law enforcement officers in conjunction with existing training regarding profiling.”

California Dremin’

Excluding its helmet law, California is among the friendlier states to bikers. California was among the first states to prohibit motorcycle only checkpoints in 2012. Since then four more states – Louisiana, Missouri, North Carolina and Virginia – have prohibited the practice. Illinois and New Hampshire have prohibited the use of federal funds for those checkpoints and eleven states prohibit all safety and sobriety checkpoints.

California is also the only state so far that tolerates lane splitting. A Texas Bill, H.B. 813, that would allow lane splitting in the Lonestar State, was recently introduced by state Representative. Sergio Muñoz Jr.


19 Responses to “Good Luck With This”

  1. JohnnyD Says:

    In Arizona we were trying to push a profiling bill and we requested the AZ Peace Officers Standards and Training curriculum. The page that threw us was this one:

    A. Motorcycle. P.O. 5.8.3A
    B. Street (ethnic). P.O. 5.8.3B
    C. Prison. P.O. 5.8.3C
    D. Hate groups. P.O. 5.8.3D
    E. Cults. P.O. 5.8.3E
    GANG IDENTIFICATION methods P.O. 5.8.7
    Gang members take pride in having various items that show their
    allegiance or membership with their particular gang. These items can
    help officers identify gang affiliation.
    A. Tattoos. P.O. 5.8.7A
    B. Attire and accessories. P.O. 5.8.7B
    C. Monikers. P.O. 5.8.7C
    D. Hand signals (throwing a sign). P.O. 5.8.7D
    E. Choice of music. P.O. 5.8.7E
    A. Motorcycle – prostitution, drug trafficking, stolen property,
    weapons offenses, murder for hire, etc

    In reading the training guide one thing stood out, the only reference to constitutional rights was how to get around them. As for types of gangs, the first one simply saying motorcycle really angered a few people. I am sure that California’s training commission has a similar page. LE is obstinately opposed to any changes to their curriculum, one stated that this law would have the criminals teaching police how to not enforce the law. We face an uphill battle.

  2. los Says:

    @CN, I am in SC also and have not had any issues. Granted, I am NOT a club member or probate, etc. I think that is definitely the difference. I have been pulled 2 times by cops in the last 4 years on my bike. Both times for speeding..which I was legitimately doing..although both times were fairly low posted speeds and I was not the only one speeding. So, maybe they were harassing me, but I never felt as though they were.
    I believe there is a bill in right now against the motorcycle only checkpoints, or it has already passed. Been a while since I have been to an ABATE meeting.
    All in all, I think SC is fairly good in the way motorcycle riders are treated..BUT, like I said, I am not a PH so my experience could be totally skewed. The photographing of you, etc. I find a little offensive..and buzzing your home afterwards. SMH.

  3. Grumbler Says:

    @Army Jim – Motorcycles manufactured on or after January 1st, 1973 are required to be equipped with turn signals aka blinkers in California. Am still using hand signals – lol.

  4. Army Jim Says:

    In Stockton they love running “Motorcycle Safety Operations”. Wear a patch when that is going on, expect to get lit up! It’s just a way to run folks under the guise of “safety”. Rear turn signals less than 9 inches apart? TICKET. Pipes deemed to loud? TICKET! No turn signals on your bike if its made after a certain year (1978 I believe they said) Biked can be towed away! Friggin BS

  5. Tommy Says:

    While I applaud this guy trying, Law Enforcement is going to fuck with us anyways no matter what.

  6. bcnasty Says:

    In my humble opinion, if they want to stop profiling , take away the funding for check point stops. Take away the court pay for stupid frivolous thrown out of court citations. Then, the profiling will stop. Hit the fuckers in the wallet. Lets be realistic here. It takes a special breed of douche bag to be a cop. Someone that was given swirlie’s and volunteered for hall monitor duty in school is the likely candidate. Shit. they get paid less than a high school janitor so the only reason to take the job is the sense of power they get from being a dick to people. You can never educate asshole out of an asshole.

  7. Big Jim, Whittier Says:

    What a Fucking joke. This will never happen. They don’t even have the money to fix the Fuck up roads. Fear No One and Fuck the IO

  8. oc.ouse22 Says:

    Do some of you not get it! You have a politician that for what ever his reason is trying to do something for us. They have anti profiling laws in other states that work that can be used in court to help your case. One state is Washington. They have very good success with keeping LEO at bay at lest some what. So support it or come up with something better.

  9. Paladin Says:

    I too applaud Mr. Cooley’s effort. It’s easy to be cynical, especially when one considers the Government’s virtually unchecked adversarial campaign regarding all things motorcycle.

    I believe it better that Mr. Cooley try to get his bill passed and possibly fail, than for Mr. Cooley not to try at all.

    Long May You Ride (to those that deserve to),


  10. PassingThrough Says:

    Texas residents, please contact your district representative and ask them to support H.B. 813.

    Traffic here in the DFW area is becoming more insane on a daily basis and we need more escape routes (good economic sign, but traffic congestion is the consequence).

    Houston and Austin riders could use the help also. Houston especially. Good Lord; that place never stops.

    Ride safe.

  11. Invader Crash Says:

    I applaud this effort, and hopefully it does even a modicum of good if implemented. Truly something that all LEO’s should go through…a biker sensitivity class…lmao

  12. CN Says:

    Here in SC there’s no helmet laws, handle bar length, loud pipes etc laws (well, you gotta’ wear a brain bucket under either 18 or 21 or some such bullshit but, well, it’s not something I need to be personally worried about). Don’t know about the lane splitting thing. I do it all the time and haven’t got nailed for it yet. There’s DOT Only access roads between the intrerstates which I’ve seen entire packs use which I’m fairly sure isn’t kosher but again, haven’t seen that one enforced for cages either. Last run in was when I got my Probate Rocker and got pulled over by two Gang Detectives who actually said, “Look, you weren’t breaking any traffic laws. This is just a get to know you stop. My partner has a camera and he’s going to take a few pictures”. I kept my hands on my grips and rolled with it. Didn’t seem like a good place to rage against the machine. After that a few low flying choppers with spot lights over the homestead at or near midnight for no apparent reason because there really isn’t anything you can’t see from the paved road, oh well. There’s always an obvious overt marked squad car or five parked near the enterance to all public & private events, we wave and smile but as far as I know there aren’t any motorcycle only check points, they hassle everybody equally. When there’s a SWAT Raid it’s usually the Feds or the Feds & Friends. Maybe I’m missing something.

    The fact that a political hack is actually taking the initiative to do this in California or anywhere is cool with me. Here, the Governor is a member of ABATE and always says she will veto any mandatory helmet laws that come across her desk and so far so good. Truth be told,, ABATE here is very proactive and shows up in large numbers at public legislative events. If that California Law gets passed it could set the agenda for further expansion of similar laws which may or may not be paid attention to by LE. If they really want you, they will do whatever they like to get you, even shoot themselves and blame it on you. Ask Mr. Martinez.

  13. Wrong Way Says:

    I know a lot of groups that have members in my area who have gotten together and put their best foot forward in attempts to do something about this profiling. This latest attempt may be easy to blow off if you were not involved. It is easy to be a critic. I have heard of various coalitions and other biker rights groups having differences about how issues should be dealt with. Lots of times there are very valid differences. My thought is hey, guys are trying. If it works, at least that is something. If it is actually enforced that would be a miracle.

    I am proud of the folks who put in the effort to get in some politicians’ ears with an attempt. We have support finally. I think it is better than nothing.

  14. Eochaidh CuChulainn OghaChruithne Says:

    I am the Hound of Cooley. Tha mi support Assembly Bill 334 titled: “an act to add Section 13519.17 to the Penal Code, relating to the profiling of motorcycle riders.” Tain Bo Culainn.

  15. Base Says:

    Laughing:They have to teach cops reasonable & rational thinking!

    Ha Ha!

    Dismayed: “They have to teach cops reasonable & rational thinking?!?!?!”


    What a country.

  16. Phuquehed Says:

    Well, I suppose it’s still a Good Thing that at least a few of the folk we normally despise *are* thinking about it.

  17. Ol'LadyRider Says:

    Here in my little SoCal town, the local department stopped the motorcycle-only checkpoints like good little boys and girls… And promptly started “motorcycle safety operations,” which are an excuse to get the gang task force out in their fancy vehicles and pay a bunch of overtime to some of the other goons so they can sit in dark alleys waiting for bikers to ride by. Is it pretty damn obvious those apes are legal? Yep… But you’ll be lit up anyway!!

  18. Thatguy Says:

    Sounds good but most likely bikers will always be profiled. I was recently pulled over by a local pd in the LA area with my patch and a FULL face helmet, guess why I got pulled over? Yep yep you guessed right, they said they wanted to check if I had on a D.O.T helmet.
    I can go on and on about how they try to intermediate and belittle me (they’re guns out, seat on the curb, tell me I’m a lier,ect.ect.). SMH

    Keep the wind at our front,and the hell at our your back.

  19. Anonymous Says:

    “…a bill last week that would require police officers to be given additional training to convince them they shouldn’t profile motorcycle riders.”

    ^ The plan is to give them less attention, by giving them more attention, got it.

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