NEW YORK, NY, may 6, 2012 /24-7PressRelease / -the first round during the battle by the law firm of Proner & Proner for motorcyclists to prevent the Police of New York State and other agencies to motorcycle only checkpoints has been won by the police. "" In a 34 page decision, the Federal District Court Judge Gary l. Sharpe decided last November that the main purpose of the New York control points was the safety of the public and their effectiveness "prevailed clearly on" their infringement of individual liberties. The decision disregarded the evidence that motorcyclists were targeted for reasons other than safety.
Challenged at the checkpoints were in place around the events well known motorcycle. Motorcyclists traveling to these events have been forced to leave the pavement by police, regardless of any specific suspicion forced to undergo inspections. Although inspections have been described as "security", the majority of tickets issued at the checkpoints were for violations not related to security and the prevention of motorcycle accidents.
Proner and Proner lawyers are appealing the decision of the District Court of the Second Circuit Court of Appeals. March 21, 2012, Mitchell Proner filed a long brief arguing that the control points are clearly a search and seizure under the fourth amendment. Hearing will likely be held this fall with a decision shortly after.
Proner has vowed to take the fight to the Supreme Court if necessary. As a rider himself and a lawyer in the first instance, Proner is committed to defending the rights of all runners who are unfairly targeted. "Our right to be free from unreasonable seizure was a gift from our founding fathers, that must be defended independently of the personal costs."
Web site: http://www.bikerhelp.com
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