In Oz

April 1, 2013

All Posts, Features, News

About 8 p.m. on March 15, just north of Santa Barbara, members of the County Sheriff’s Gang Enforcement Unit contrived a traffic stop on four motorcycles carrying four riders and one female passenger. It was a fishing expedition. The male riders, members of the Vagos Motorcycle Club, were all flying colors.

The police found four pistols in their saddlebags. One pistol was loaded. Two pistols were unloaded but the police claimed the riders of those bikes had ready access to ammunition. The fourth pistol was unloaded and the rider did not have immediate access to ammunition. All five detainees, including the woman, were arrested and charged with possession of a concealed firearm and with being an “active participant of a criminal street gang in possession of a concealed firearm.” The legality of the “criminal street gang enhancement” is ambiguous. The Federal Ninth Circuit Court of Appeals and the California Supreme Court disagree about this law. Under current California case law the arrested woman can be convicted of gun possession and the enhancement even though she is not a member of the Vagos and was not in possession of a gun. The Supreme Court of the United States has never ruled on such a case.

In its account of the arrests, a news website called Cal Coast News accurately stated, “The FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives and the California Attorney General’s Office have each named the Vagos Motorcycle Club an outlaw motorcycle gang.” The accusation is more serious than mere name calling. Basically, it carries the force of law if a “biker authority” from one of these or a similar bureaucracy repeats the accusation in a state court.

Outlawing Outlaws

The point of the March 15 traffic stop was not to make Santa Barbara’s roads safer. The point was to punish the four Vagos for being Vagos. Being a Vago is technically not yet a crime but the alleged gang enhancement makes associating with a group that some policeman do not like a defacto crime. If the Supreme Court ever does rule on such a case it is likely to find gang enhancements unconstitutional but high court rulings increasingly have more to do with the personalities of the judges than with some ideals some dead, white men wrote down long ago

The First Amendment to the U.S. Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Throughout the last two centuries the implications of that statement and every other statement in the Constitution have been elaborated by the federal courts. As a result of the American Civil Rights movement in the 20th Century the Supreme Court eventually ruled that the First Amendment meant that people in the United States can associate with whomever they damn please – even Vagos.

Nevertheless, the four patch holders and one wife must now defend themselves against a bogus crime. Gang enhancements, racketeering allegations, and civil forfeiture are all ways of punishing people associated with those groups of which judgmental cops and pandering politicians disapprove. And news media, because reporters and editors have a natural vested interest in protecting their access to political and police sources, rarely question these tactics or the official blather that justifies them.

But, the March 15 traffic stop was only one brief episode in a widespread and mostly unacknowledged war.

The Global War

There is a global war on motorcycle clubs that coincides with the global war on terror and in many ways the United States is a leader in it. Domestic surveillance infrastructure, like America’s scores of fusion centers and High Intensity Drug Trafficking Area war rooms, has become complexly entwined with an fabulous new industry called “Big Data.” Various technological innovations, like automated license plate readers and drone aircraft or, coming soon, automated license plate readers mounted on drone aircraft, combined with new ways to sort and analyze raw data, like every email sent in America, make it possible for government agents to spy on everybody. The question then becomes about to whom to pay attention – besides Al Qaeda. And, the answer is increasingly alleged criminal groups. And, no allegedly criminal groups are easier to identify than motorcycle club members because, to the disdain of many, they flaunt their allegedly criminal associations on their backs.

Policemen in most of the English speaking world and in Western Europe share the same attitudes toward motorcycle clubs. Russia does not cooperate with the west in this war on bikers because Russia often disagrees with the west and because the largest, and arguably preeminent club there, the Night Wolves, enjoys the favor and protection of Vladimir Putin. But the global war on bikers explains why American federal policeman participate in surveillance and intelligence gathering aimed at motorcycle clubs in Europe. It is the reason why European Hells Angels have an increasingly hard time gaining entry into the United States and why American Bandidos are denied entry into Canada. In one particularly absurd example of this international cooperation, just last year Izzy Wildheart, who is married to a Hells Angel in London and who runs a website that supports the legal causes of imprisoned Hells Angels, and whose mother was American and who has a long personal and family history in the United States – including a written commendation for her good deeds signed by Barack Obama – was denied entry into America.

The global war on bikers relies heavily on the United Nations Convention Against Transnational Organized Crime passed in 2000. And the nature of the criminal allegations made against motorcycle club members often echo the Palermo Protocols which amplify that UN Convention.

The motives and implications of this global war on motorcycle clubs are complex and cannot be briefly discussed here. But simply to understand that there is a global cooperative effort by mostly anonymous apparatchiks to harass and destroy motorcycle clubs provides some context to what is now happening in Australia.

In Oz

Australia has become increasingly hysterical about the biker menace since 2002. The hysteria reached a crescendo in March 2009 after a Hells Angel was beaten to death by a Comanchero in a brawl in the Sydney airport that involved 15 men. The brawl occurred hours after local Bandidos were involved in a series of drive-by shootings into homes associated with the so-called “Nike bikie” group Notorious. The Australian Prime Minister, Kevin Rudd, who coincidentally was in Washington, D.C. at the time, said “this sort of behavior by bikies and others engaged in organized criminal activity is unacceptable in Australia, absolutely unacceptable.”

For the last four years, Australia’s press has carried stories about the inhumanity of bikie brutes almost daily. Last month, the land down under was enraged that “Hells Angels members are blackmailing school children into becoming drug dealers.” Sydney’s Daily Telegraph reported:

“The brazen bikies even wear their full, grimy club colours during supermarket recruiting drives aimed at luring youngsters into acts of criminality. Police in Sydney’s northwest say they have been aware for more than six months of at least one Hells Angel member and his associates forcing teens as young as 16 into crime with threats of violence. Children threatened by the group are recruited on the outskirts of shopping centres, mainly for drug peddling. Opposition Leader John Robertson said despite escalating gang-related violence on Sydney’s streets the NSW (New South Wales) government has failed to outlaw a single bikie gang. ‘Families in northwest Sydney are fearing for their school-aged children because the bikie gangs are being allowed to run riot,’ Mr. Robertson said.”

New South Wales had already done something.

The Bikie Laws

After the Sydney airport brawl, New South Wales passed the “Criminal Organisations Control Act” of 2009. The new law allowed the Attorney General of New South Wales to ban membership in any motorcycle club based on “criminal intelligence.” Under this state’s law the proposed ban had to be made public before it could be implemented. A similar law in South Australia kept the ban secret. In both states the intelligence on which a ban could be based was kept either mostly or completely secret.

There has been a continuing court battle in Australia for the last four years over these bikie bans. They are feasible in Australia because that country, virtually alone among the western nations, does not have a Bill of Rights. Australia does share many legal assumptions with the other English speaking nations including the United States and until recently bikie laws have been found to be illegal.

The most serious problem Australian courts have had with these laws has that they subvert the English Common Law principle that the accused has a right to confront his accuser and examine the evidence against him. A brief survey of American racketeering trials illustrates that the Common Law idea is being subverted here as well. Federal prosecutors here routinely conceal evidence and hide the names of key witnesses until the last moment. But America still pays lip service to traditional legal notions. Australia has evolved beyond that. In the original version of the South Australia law, not even the judge who issued the ban was allowed to see the evidence on which it was based.

Other objections to the bikie laws included violations of the separation of powers and freedom of association. The South Australian notion that not even the judges could see the incriminating evidence tended to annoy judges there. But the idea of striking a death blow to motorcycle clubs, fueled by national hysteria and a manic press, never died. Australian clubs and lawyers have been refining the bikie laws over the last four years: As motorcycle clubs in the United States are evolving to fend off accusations of racketeering and as prosecutors here are inventing new arguments and strategies to win convictions.

To date, five of Australia’s seven states have either implemented or proposed laws to ban membership in organizations the police accuse of being criminal . Those states are New South Wales, South Australia, Queensland, Western Australia and Victoria.



The Queensland Finks Decision

On March 14, the Australian Supreme Court unanimously ruled that Queensland can ban the Finks Motorcycle Club. Police in Brisbane sought last June to ban members of that club from associating with each other. The application for the ban accused the Finks Gold Coast chapter of murder; trafficking in the popular recreational drugs marijuana, cocaine, ecstasy and methamphetamine; of involvement in a shooting in Sydney; and of stealing a Lamborghini from a Melbourne showroom. The “gang intelligence” on which the accusations were based was and is secret. This month, the Australian high court decided it had no problem with that. If you’re interested, you can read the judgment here.

The Finks lawyer, a man named Bill Potts who probably gets paid by the hour, has vowed to fight on.

But Michael James Condon, the Assistant Commissioner of the Queensland Police Service and the man who sought the ban, sounded ecstatic. “The notion that these are just good citizens riding motorbikes is absolute rubbish,” Condon fumed after the verdict. “They pose a risk to the community, so we should not be drawn into a belief that these are good citizens.” From now on, everybody will just have to take Condon’s word for it.

So today in Oz, it is legal to outlaw any organization on the basis of “criminal intelligence.” The “intelligence does not have to be disclosed to the accused group or its lawyers. The procedure can be legally applied to any group that police say represents “an unacceptable risk to the safety, welfare or order of the community.” The ban against all members of an accused organization can be based on what confidential informants paid by the police say that some members of the organization “might do;” not what they have provably done but what they speculatively might do. The intelligence can include hearsay. “Members” of the banned group include non-members identified by the police as known associates. And, if two non-members who have been identified by police as known associates are caught texting each other they can be sentenced to five years in prison.

For the last two weeks, in conference rooms at ATF headquarters and FBI headquarters and at the Department of Justice, men and women whose names you will never know have been trying to figure out how to do that here.


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45 Responses to “In Oz”

  1. chromedome Says:

    Plate readers on drones….man that sounds crazy but the reality is its fast approaching. Ive heard of a couple cities banning drone usage by polce. This seems like a good start more people should address this issue with their local representation, if that prase even has any weight anymore. Wat next google earth with real time license Plate reader technology.?

  2. JohnnyD Says:

    I will be in Reno in May, we have many issues to discuss and a great chance to share tactics and information. This attack on MC Clubs has even filtered to the misdemeanor level. Arizona LEOs are charging misdemeanor defendents with gang enhancements for low level crimes, using Facebook pics of clubmembers associating with each other as evidence. The gang enhancement would add probation to any sentence with loss of civil rights for the duration.

  3. Paladin Says:

    Dear Rebel,

    In my post, I was referring to the following:

    “The “fruit of the poisonous tree” doctrine is an offspring of the Exclusionary Rule. The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable search, or coercive interrogation must be excluded from trial. Under the fruit of the poisonous tree doctrine, evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation. Like the exclusionary rule, the fruit of the poisonous tree doctrine was established primarily to deter law enforcement from violating rights against unreasonable searches and seizures.”

    Rebel, you’re correct. The first appearance of “fruit fron the poisonous tree” appeared in Nardone v. U.S. However, the case that came to my mind, when I posted my comment was:

    “Silverthorne Lumber Co. v. United States, 251 U.S. 385, 40 S. Ct. 182, 64 L. Ed. 319 (1920). In Silverthorne, defendant Frederick W. Silverthorne was arrested on suspicion of federal violations in connection with his lumber business. Government agents then conducted a warrantless, illegal search of the Silver-thorne offices. Based on the evidence discovered in the search, the prosecution requested more documents, and the court ordered Silverthorne to produce the documents. Silverthorne refused and was jailed for Contempt of court.

    On appeal, the Supreme Court reversed the contempt judgment. In its argument to the High Court, the government conceded that the search was illegal and that the prosecution was not entitled to keep the documents obtained in it. However, the government held that it was entitled to copy the documents and use knowledge gained from the documents for future prosecution. The Court rejected this argument. According to the Court, “[T]he essence of forbidding the acquisition of evidence in a certain way is that … it shall not be used at all.” Silverthorne concerned only evidence gained in the first illegal search or seizure, but the wording of the opinion paved the way for the exclusion of evidence gained in sub-sequent searches and seizures.”

    At the present time, my partner and I are involved in a case where a search warrent affidavit was falsified, in order to obtain the warrent. I suspect that this may also have been the case, regarding the Vagos.

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


  4. Rebel Says:

    Dear Paladin,

    I don’t think this is about gathering evidence. I think this is aboutusing investigation as a form of punishment. All indicia searches are a form of extra-judicial punishment.

    The exclusionary rule, the “fruit of the poisonous tree” from Nardone v. U.S., doesn’t matter here. The kind of traffic stops and the kind of indicia searches used against these four members of the Vagos are not intended to gather evidence for a criminal case. The idea is to use police power to infringe on basic liberties.

    This is an example of “proactive policing.” It should be unconstitutional. So far it isn’t. I would love to see the search warrants. I would love to know the name of the judge that signed them. I would love to know the evidence collected. So far, all I have seen is the press release — which exemplifies how police manipulate mass media.

    I’m not unaware of what is going on. I just don’t happen to know why it is happening to these guys now. My best guess is that the police are trying to “get something on the Vagos.” A lot of people, including me, think the Vagos have been a target for awhile. And, I have been told by someone who should know that the police can’t “find anything.”

    Sure would like to see a copy of the search warrant affidavit. So far, no luck.


  5. old & stoned Says:

    freakin’ bizarre. they search you illegally under color of authority, throw federal charges at you that will cost 10k-15k just to prove you got screwed or get charges dropped, while using the bogus charges as ’cause’ to further investigate & dissect you. the only ones answerable to anyone are the accused, answerable to the liars with the guns & badges.

    obvious these guys were ‘targets’.

  6. Frequent Flyer Says:

    This oughtta scare the crap out of every sane American.

    The ATF knowing every move I make just creeps me out:

  7. Paladin Says:

    If the search warrants on the residences were issued as a direct result of what was found during the illegal searchs of the motorcyclist’s saddlebags, then whatever “evidence” was found at the residences would be “fruit from the poisoned tree” and therefore would not be admissible in a court proceeding.

    At some point (when I wasn’t looking), Governor Brown and Attorney General Harris must have given the real estate north of Santa Barbara back to Mexico, ’cause I don’t recall any of the above actions to be granted by our Country’s Bill of Rights.

    Of course the other plausable explanation is that I have somehow wandered into the Twilight Zone. If this is the case, I just may twist up a chubby and board the ball bearing express. It should be a great trip.

    Long May You Ride (to those that deserve to)


  8. Red&Gold Says:

    “The most sacred of the duties of a government [is] to do equal and impartial justice to all citizens.” — Thomas Jefferson

    “All animals are equal but some animals are more equal than others.”
    George Orwell, “Animal Farm”

  9. Rebel Says:

    Dear old & stoned,

    Yeah I saw the press release on the indicia searches against these guys. It is a load of shit. I guess I am going to have to write a story about it. I have avoided naming these five people because obviously the police are trying to punish them by shaming them, and as a rule I try not to cooperate with the police.


  10. Snow Says:

    I saw search warrants were served on the Vago members caught up in this illegal violation of rights. Best of luck to those involved in busting the states ass on this. Respect sent, Snow.

  11. old & stoned Says:

    Thanks for the backstory on Oz. what’s somewhat scary is how Gang Enforcement Unit convinced a ‘Judge’ to authorized search warrants for homes and residences most likely based on results of dubious 4th amendment breaches and some creative ‘expert opinion & testimony’. is this a ‘test of tactics’? they find alleged contraband in your car or bike so they get to raid your house? place of business?

    can you smell it coming,,? when clubs are outlawed, membership / affiliation will prohibit gun ownership.

  12. IRISHVAGOS22 Says:

    Mad love and respect Keep it up you’re doing a great job and a shout out to all my brothers VFFV. LVDV

  13. Glenn S. Says:

    Every totalitarian government gets the sheep behind them by creating fear of “them”–whether Jews, communists, muslims, criminals, dopers, terrorists, homosexuals, baby rapers, whatever. Then they get the sheep to stand aside while they grab power in the name of protecting the sheep from the exaggerated threat of the day. But what the governments fear are free people that say: “Fuck you, I can protect me and mine all by myself or die trying!” Because they know that one day we probably will die trying to protect ourselves from them, and maybe take a few of them with us. And what the governments fear more than anything are groups of such men who refuse to cede the role of personal protection to the government.

    On a related topic, I see somebody in Texas is tired of their shit, and has done away with another prosecutor. One news story I read mentioned that their was some belief amongst law enforcement that their families were subject to some informal hands off agreement, and are especially angry that the prosecutors wife was whacked with him. It occurs to me that law enforcement has not extended a hands off courtesy where families are concerned. Instead, they bust the wife, take the kids, and put them in some shithole.

    Dorner in California, the department of corrections director in Colorado, the prosecutors in Texas–do I see a trend? Are people finally getting fed up with the shit?

  14. Sydney Says:

    Izzy is one of the nicest people I have ever had the privilege of speaking with. I cannot believe that this country would not allow her to visit. She has done so much to help others and, was so friendly when I contacted her a few weeks ago. The profiling that is going on all over the world is getting out of hand and I fear the worst is yet to come. It seems like Arizona is jumping on the Cali bandwagon with gang enhancements everywhere…unless of course you belong to the Iron Brotherhood and then its not a gang its a club…Bullshit!

  15. AVAGOVFFV Says:

    More bullshit, its just about getting in a Brothers pocket and making things difficult for the next year while tied up in court.

    The thoughts of these pricks including the midget is you make membership as costly and troublesome as possible and people will not become members. Now the reality WE’RE ONLY GROWING BIGGER MOTHER FUCKERS!

    Viva Los Vagos

  16. DesertH-D Says:

    I encourage everyone who can, to attend the NCOM national meeting in Reno this Mother’s Day weekend. The topics discussed here will surely be in the heart of the live discussions, there. The only chance we have to defeat these “men and women whose names you will never know”, as Stroker has advised, is to FIGHT!

    It is a great opportunity to hang out with like minded individuals, flying colors that may or may not be in your area, but that have come together from all over for a common cause.

    BTW: There are quite a few notable opportunities for entertainment in the Reno area… They also have some of the best rides on the west coast, so ride in if you can.

  17. JMacK Says:

    Sounds like a plan to me…


  18. stroker Says:

    The power of the press is all-pervasive. Look back thru history, and it’s easy to see. All anyone had to do, was proclaim something loudly, and over and over again, and eventually it became, if not law, popular enough to act upon outside the law. What’s going on here and Oz and the world, is nothing more or less than a “witch-hunt.” Same shit that happened in Salem Mass to women over 300 years ago, is happening today to unpopular sects, groups or minorities. You only have to look no further than our very own California Driver’s handbook, which perpetuates the lie that driving is a “privilege” not a “right”, which is total bullshit. We are guaranteed the right to move about freely by the constitution, but that premise was usurped early on here in the Golden state by the DMV. Because they said it over and over, most sheeple here accept that driving is a “privilege” and not a “right.”
    Must be so….says it in the handbook!
    Rebel has is finger squarely on the phenomenon. He’s quite right on this one IMHO, and it sux the big one. The moral right majority (Which is neither) has found an easy target in bikers, who proudly wear our freedom-loving patches in full view of everyone, and because we ride big noisy machines, we are not well liked by many in the main-stream community, and are vilified and scorned by the same “many.” Easy for the LEOs to come down on us any chance they have, and easy for the papers to scream headlines full of “biker gangs” and “weapons” and “drugs” even if the evidence of any is scant.
    Unless we stand up each and every fucking time, we are doomed to be the vilified fringe community, at the mercy of the press and their unholy alliance with “law enforcement.” Look back to Goebels and the Nazis, who vilified the Jews to the German people, to the point where common everyday Germans began to if not believe the Nazis, at least accept their dogma.
    It took a world war to end that scenario……we may be heading for another.
    In the meantime, it is up to every GD biker, bikie and club member to make a stand each and every time we are mistreated. FIGHT every ticket! Go to court each time! File complaints if the cops don’t do their job by the book! Do NOT just give up and pay that fine….FIGHT!
    I’ve made it a practice down through the last 40 something years of riding, to plead “not guilty” to every ticket I’ve ever received. The chances are 50-50 you’ll walk. I’ve gone to court for every arrest I’ve had. I’ve won most. It’s up to you my motorcycle lovin’ friends, to make a stand each and every time. It may cost you time and money, it may be a hassle, but you have to let ’em know we don’t go down easy.
    Challenge every bit of bad press you can. It looks pretty dark sometimes, but that’s no reason to quit fighting.
    Our way of life, and our very souls demand a fight.

    Good reporting Rebel.

  19. Rebel Says:

    Dear anonymous,

    Thanks for this. Gang, gang, gang. Sometimes I get sick of hearing the word “gang.”


  20. Frequent Flyer Says:

    @Glenn S

    Glenn, I am VERY fortunate I have a clean record. the one thing I’ve always had going for me was the network I’ve built through contacts in the Army and Navy reserves. Just one hot piss test and all of that would have been lost. I’ve also been blessed with a wonderful wife and daughter who have always inspired and motivated me to go that extra mile when I wanted to quit.

    The BS that the private sector puts prospective employees through, and all the crap the Federales force employers to abide by OR ELSE, has created a dysfunctional and inneficient labor force. And it’s only going to get worse— ALOT worse.

    Fortunately, my wife and I have been frugal savers, and we will be able to put at least 80% down on a home in Florida and our cost of living expenses will be around $400 dollars a month, which is a joke considering COL here in the Peoples Democratic Republic of NJ.

    If I have to work at Wal Mart, I will. I’m sure I’ll get something better than that (I have an Army buddy who works for NAPA corporate).

    South Carolina is a beautiful state. I was stationed in Beaufort and worked at Parris Island back in the day. It was there I fell in love with motorcycles.

    Respect to you and your family, Glenn. Thank you for sharing.

  21. Caretaker Says:

    Pig pen & frequent flyer-

    Small world after all… I’m in new brunswick atm… Perhaps we could all meet up somewhere. I know this one place on oldbridge… First rounds on me :)


  22. Frequent Flyer Says:


    Thank you. Much respect to you.

    I gotta get my wife with the program. LOL

  23. Paladin Says:


    When arrested, the cops will charge the alledged individual or individuals with everything under the sun, in hopes that something will stick.

    I have serious doubts that this case will make it past the DAs “smell test”. It’s a pretty basic 4th Amendment rights violation. Also, I have read the smoke signals and they tell me that at least one of the individuals will be represented by a “well versed defense lawyer”.

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


  24. Paladin Says:


    If your paths should happen to cross, ask that “well versed defense laywer” to give me a call, when he or she gets a chance.

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


  25. Red&Gold Says:

    @ Frequent Flyer…

    I travel around a lot and try to avoid saying where I am, because I might be mistaken… but I do know of several companies that are working the eagle ford formation that are always…ALWAYS looking for CDL drivers or roustabouts…I can’t give you a name cause I don’t know any, but there is always work in Texas seems like…and some great property deals too, and lots of areas in the state are pretty much summer year around…good luck…

  26. PigPen Says:

    @Frequent Flyer

    aw fuck man, i didn’t know you lived in red square like me. I am currently residing in Edison, and i slithered down from Fair Lawn. This state is a fucking joke how bad it is, between gun laws, politics, and the garden state’s finest storm troopers, the NJ staties with their awesome uniforms. I moved up here from Georgia, God’s country, so needless to say, I am in culture shock. This place is a hell hole man. If you have the chance to move South, do it! Even Florida is a cruise compared to Jersey. Hit me up some time, i’ll buy the first round.

  27. Grumbler Says:

    @Paladin – Thanks, man. The KSBY link you included in your response above states that the Santa Barbara County Sheriff’s Gang Enforcement Unit filed 3 rather than 2 charges against the five individuals. Hopefully the District Attorney, after carefully reviewing the paperwork, will drop or at least reduce those counts at their arraignment.

    Incidently, the Harley-Davidson dealership in Santa Barbara was called Bad To The Bone until the owner sold it back in the ’90s. I still have that BTTB license plate frame. My wife has relatives in Santa Barbara.

  28. Glenn S. Says:

    Frequent Flyer said: “I want to move to Texas or Tennessee but my wife wants to go to Florida.”

    So does mine, and I have a long-lost sister down there. After a vacation where I marveled at the year around summer, I submitted some resumes to prospective employers and interviewed via phone with hiring managers and engineers (verifying that I know what I said I did). Several times, I was invited to a face-to-face interview and told that it was a mere formality, that my skillset was just what they were looking for. So I asked if there were any questions they had before I rode 700 miles for an interview. They asked me if I had any drug offenses on my record and I asked how far they were going back. They said forever. This happened more than once, and I asked around and found that the eighties made Florida paranoid about the dope, even after coke money rebuilt south Florida.

    Anyway, I’m still in SC and I think I’ll stay here. Most everybody I love is here. Wasn’t meant to happen and the neo-fascist corporate puppets running the political system here are developing some libertarian traits. I used to think that the democrats were the best chance for civil liberties but Obama sure proved me wrong on that one.

  29. Shyster Says:


    Not to worry, I hear a well versed defense lawyer will represent one of the accused!


  30. Red McLain Says:

    Its pretty bad. No permission was given yet they did it anyhow. She had no access to anything, it was just because she was there. Bogus way of getting g what they got. The other two stopped and waited. I think it would not matter what you have on you back if they government don’t like you look out.

  31. Screwdriver Says:

    California Appeal Court Limits Traffic Stop Automobile Searches.
    Civil Rights, News, The 4th Amendment

    California Court of Appeal rules arrest during a traffic stop does not automatically authorize a vehicle search.
    Refusing to get out of a vehicle during a traffic stop does not justify a search of the automobile, the California Court of Appeal ruled Friday. The three-judge panel further developed the US Supreme Court’s finding in Arizona v. Gant that arresting a motorist does not automatically authorize a warrantless search.
    On September 27, 2009, Vernon Evans made a left hand turn from West Boulevard onto Slauson Avenue. Los Angeles Police Department Officer Kevin Currie and Officer Prodigalidad claimed Evans failed to signal and that his driving was erratic. When they pulled Evans over, he appeared nervous. Because the stop was at night and in “gang territory,” Evans was ordered out of the car. Evans rolled down his window and asked why he was being stopped, but did not exit.
    After reinforcements arrived Officer Currie blasted Evans with pepper spray. Another officer busted a window and tasered Evans. He was yanked out of his car and tackled on the ground. Officer Prodigalidad searched the car and found eleven empty sandwich bags and $65 in cash. The automobile was impounded while Evans was treated at the hospital. At the impound lot, a more thorough search of the car turned up enough cocaine to earn him a four-day jail sentence, with credit for four days time served.
    A Los Angeles County Superior Court judge found the search was justified under the “automobile exception” to the Fourth Amendment requirement that searches should be performed only after obtaining a warrant. The appellate court disagreed, citing the precedent set by the Gant ruling that a search incident to arrest is only valid if the suspect can reach his vehicle or there is some reason to think the car contains evidence relevant to the arrest.
    “When the initial search of the vehicle was completed, Evans had been tased and detained, and was lying face down on the ground outside the vehicle, with officers on top of him,” Judge Richard D. Aldrich wrote for the court. “Plainly, he did not have access to the car’s interior.”
    Prosecutors argued that the presence of drugs in the car would constitute his motive for his crime — refusing to comply with the police officers’ instruction for him to get out of the car. The appellate panel rejected this line of argument as justifying a search of any vehicle at any time.
    “It is not difficult to imagine scenarios in which documentary evidence of motive, knowledge, or intent could reasonably be expected to be found in a car even when the driver is arrested for a minor traffic offense,” Aldrich wrote. “There might be evidence of a speeding motorist’s motive in the car: perhaps an appointment card showing he or she was late to a doctor’s visit, or tickets suggesting he or she was in a hurry to attend the final game of the World Series. Or, a vehicle might contain evidence of distractions that caused a motorist to run a red light. Yet these are precisely the sort of traffic offenses which Gant held would not give rise to a reasonable basis to search.”
    Because the exceptions did not apply, the court overturned the conviction. A copy of the decision is available in a 180k PDF file at the source link below.
    Source: California v. Evans (Court of Appeal, State of California, 11/4/2011) & Bikers of America

  32. Paladin Says:


    The female in question shouldn’t have been searched or arrested in the first place. She was a passenger and the guns and ammo weren’t readily accessible to her or anyone else.

    Unless permission for the search was freely granted, the search of the saddlebags was illegal, as was the “pat down” search of the individuals. A “hunch” or “intuition” does not satisfy Terry vs. Ohio.

    Furthermore, only (2) two of the individuals involved, ran the red light. So, only those (2) two motorcyclists could have been cited for traffic infractions, yet all (5) five individuals were arrested and charged. This means that the (4) four motorcyclists would have had to freely give their consent to have themselves and their motorcycles searched, which I find highly unlikely. And yes, I’d love to be working this case.

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


  33. Frequent Flyer Says:


    I’m with you man, but there is know way I would go any where near Chicago Il. I live in Hudson County NJ which is THE most corrupt county in the country (Cook county is second).

    We have two political parties in the USSA now:

    The democratic socialists and the Vichy Regime.


    I won’t vote for Vichy Regime just because they aint as bad as the communists. I used to but no more. They all aid and abet each other. Worthless scumbags.

    I want to move to Texas or Tennessee but my wife wants to go to Florida. I know Florida is a “blue” state but fuck it now. Who cares? All I care about is my family and my street. I will fucking blast away on any federales who come for me.


  34. Frequent Flyer Says:


    They make laws in the USA now just for “certain” people or “certain” the “law” is an industry.

    How many worthless motherfuckers are employed by state and federal governments to make and enforce OR NOT depending on “certain” groups, there are?

    It’s all a scam. A fucking racket. America is Goodfellas on steroids.

    The USA is broke. It’s a broke dick country that has been spending borrowed money on BS. Take the worse 500 skells in any casino and put them in charge of congress and the execuive and judicial branches of government and it wouldn’t be any less corruption.

    Don’t laught at preppers they are smart.

  35. Sieg Says:

    I think I may have mentioned this before, but really, THE ONLY SOLUTION IS ANOTHER REVOLUTION,

    It’s too late to sit and vote and hope the next “saviour” will give you hope for change. It’s too late to let the other guy do it. It’s too late to wait and see what happens in another four years.

    It’s time to water the Tree of Liberty. Every day that passes sees the Kollectivists get stronger, the Oligarchs running the country and destroying our Nation get richer, and the PEOPLE get weaker and more oppressed.

    Right now, it is said that Nueve Yorico and the People’s Republic of Kalifornia are the least-free (read most controlled) States in teh Union. But not to worry, Big Sis is coming to a State near you soon…if she isn’t there already.

    The Union of the States of this Nation as devolved into two separate society’s, one consisting of sheep who want nothing more than a strong government to take care fo them and tell them what they should and shouldn’t do, and the other consisting of the formerly-free CITIZENS who want only to live their lives as they will, care for their families, and enjoy the freedoms their ancestors fought and died for.

    IT’s coming on time to separate those society’s again. For good this time. Let the Federalists and Kollectivists got their own way, however misguided and destructive it is, and let the Free Citizens of this once-great Nation rise up and rebuild a Republic once more, devoid of the trappings of socialism and collectivism.

    Time to wake up. I believe the phrase we always heard was “lock and load!”

    5 to 1

  36. Frequent Flyer Says:


    You are right. Just look at the drunk driving laws. If they really wanted to stop it, they would the punishment (rehabilitation whatever you want to call it) as hard on the first time as it is on the 3rd.

    But they don’t, because they don’t want to stop it. Way too much money to be made.

    It’s all BS. Fuck the law, it’s a joke. Our governments a joke, everythings a fucking joke.

    Quick question, you anywhere near San Antonio or know anything about Eagle Ford Shale? I’m looking for work not sure if it’s worth exploring. I heard horror stories about the jobs in North Dakota. I have a clean record, I’m Army Reserves and I have a Class A CDL. Let me know if it’s worth a look. Thanks. Otherwise I’m going to Florida to buy a house—- cash. Ha ha. Houses are cheap in Florida. I want at least an acre of property between me and whatever section 8 white trash lives next door.

  37. Ronbo Says:

    And quit makeing laws to cover shit WE already passed, it is so fucking redundant.

  38. Blind Tom Says:

    But if it was a Beemer or a Goldwing and they found a gatt, the rider would say I’m a doctor or a lawyer or a cop and the fuzz would look the other way. Not much you can do about it except be very careful you carry properly. Just a sad statement about USA V:2013…

  39. Grumbler Says:

    @Paladin – If the arrested woman had been riding her own motorcycle as opposed to being on the pillion of a patch holder, and had no weapons nor ammo in her saddlebags, would she still have been charged with those two counts? At any rate, this is some fucked-up shit.

    Police Profiling Patches:

  40. Paladin Says:


    It is legal in the People’s Republic of california to transport a firearm in a motor vehicle as long as the ammo and the firearm are kept seperate, and not deemed “readily accessible” to one another.

    Transporting a firearm in one saddlebag, while transporting the ammo in the other saddlebag satisfies the above legal requirement of not being “readily accessible”.

    Hopefully, the gentlemen in question didn’t give the cops permission to search their saddlebags. Running a red light does not give the cops “probable cause” for a search, nor does “intuition” or a “hunch” satisfy Terry vs. Ohio.

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


  41. Not Surprised Says:

    Red & Gold:

    Very sobering post……….

  42. Stevo Says:

    Chapters of the 81 and other clubs are being banned all over Germany, Holland and other European countries. A Biker Task Force is being built here in England, as we speak, to deal with this dreadful menace, these harbingers of hell, these modern day marauders, these bikers. And why is this? Because we don’t conform? Because we live by a set of old world morals and values that both baffle and frighten our politicians and their minions in the LEO industry? Democracy is failing, as a system of government it is no longer translated as ‘of the people’ and it’s certainly no longer made up of ‘the people’, our politicians are increasingly drawn from a ruling elite, and with little or nothing to choose between the mainstream political parties in the western world what we have in reality is dictatorship. And as in every dictatorship in history there has to be undesirables. It’s our turn. Because we won’t be barcoded. As a certain member of our little world here regularly points out, The Only Solution Is A Revolution.

  43. Red&Gold Says:

    Did you really think we want those laws observed? said Dr. Ferris. We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against… We’re after power and we mean it… There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on that. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be
    much easier to deal with. (‘Atlas Shrugged’ 1957)

  44. slycechyx Says:

    Is it illegal to have a concealed weapon in California?
    Can it be verified that they are really recruiting kids? I find that very hard to believe. They fear for their kids but I feel my grandkids couldn’t
    I’ve noticed that we are damn, dirty bikers until they need money for something, then they ask the damn, dirty bikers to host a charity ride. Because when they face the actual truth, who has the most open wallets & willing to throw a few bucks into a fund raiser? Those bikers that they sneer at.

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