Motorcycle Advocacy Groups Prepare for Roadblocks 

The most recent effort by the government to target motorcyclists and circumvent the American idea of freedom comes from the National Highway Traffic Safety Administration (NHTSA). Across the nation, motorcycle riders’ advocacy groups are preparing for road blocks federally funded by NHTSA represented to be "Motorcycle only" checkpoints.

The stated reason for these checkpoints will be to check safety equipment on motorcycles. It is believed that the intended method is to post signs on interstates directing motorcyclists to leave the interstate to off-ramps set up with roadblocks. The latest state to indicate its intention to utilize this is the State of Georgia. It is not a stretch to presume it will be utilized to coincide with major biker events.  The result may be increased harassment, more citations and even more disturbing, can result in the searching of bikes, detainment from destinations, and subjecting private belongings to being rifled through by police officers. We should expect more criminal charges brought against riders from these searches.

As an attorney practicing criminal and constitutional law for almost 20 years it is clear to me that we will constantly be required to challenge the power of government to prevent the eroding of our right to ride free and without harassment. While many times the most successful way to combat this governmental intrusion is through the assertion of our rights to be free from unreasonable searches and seizures under both the Federal and Tennessee State Constitutions, we should also be concerned about abridgment of our First Amendment Right to Freedom of Assembly. It is reasonable to believe the new motorcycle only roadblocks are intended to harass and deter motorcycle club activities by timing them with national club meetings and rallies. Further concern arises as we face the constant targeting of those riding with colors. No one with experience on the road can doubt that someone declaring allegiance to an organization ranging from Motorcycle Ministries to the most widely known MC’s will be targeted and harassed to an additional degree with even more intrusion than other motorcyclists.

While we have observed a constant eroding of our constitutional rights, the Federal Government is likely to run into some problems enforcing this targeted intrusion into our biker rights, especially in the State of Tennessee. In the State of Tennessee, there are specific constitutional requirements which must be met in order to justify a stop that is not conducted based on reasonable suspicion, informally known as suspicionless stops. The road blocks that NHTSA is seeking to implement fall under this category of a stop, because they are applied indiscriminately to bikers, not based on any articulated suspicion that the person is guilty of a certain crime. These rights are elaborated on in case law precedent, which establishes that there must be a deterrent factor and an immediate great danger in order to conduct the suspicionless stops.

The Tennessee Supreme Court has thus far strictly limited roadblocks to DUI only checkpoints based upon the imminent danger of impaired drivers while they are on the road. Prior notice of roadblocks is required in the hopes of deterring impaired driving. Attempts by law enforcement to use road blocks to check driver’s licenses thus far have been struck down by the courts as a violation of the constitutional rights of Tennesseans. The rationale for this striking down of driver’s license only checkpoints should equally apply to motorcycle only checkpoints for safety equipment. It is unlikely that sufficient danger from a motorcyclist’s tail pipes is anywhere near that of detecting the imminent danger of impaired drivers and thus would likely be found unconstitutional. Also, it is arguable that these checkpoints will not achieve the intended purpose of "motorcyclist's safety," as funding safety programs that prevent crashes would be better than motorcycle-only checkpoints and present a lesser degree of intrusion into our constitutional rights.Fortunately, if bikers, bikers’ advocacy organizations, and dedicated constitutional law attorneys take stand and challenge the illegal detentions and stops of motorcyclists through federally funded road blocks, the law for once may actually be on our side. For those who enjoy reading about the constitution and your rights, the Tennessee Supreme Court Cases of State of Tennessee v. Downey and State of Tennessee v. Hicks will increase your knowledge as to why these roadblocks can successfully be defeated in Tennessee. You can access these cases through the hyperlinks provided below.

It is important for all riders to know that when on the road, attempts to challenge police authority will seldom result in any positive results. I admire those who desire to assert their constitutional freedom but it is important to realize that it may come at a cost when on the side of the road. The place for a meaningful win and to put a more significant stop to these abuses and waste of tax dollars will come in a different setting than on the side of the road, as it will take place in the court room, through the assertion of rights guaranteed by our Constitution.

Be safe and keep the wheels rolling,

Frank Lannom

Additional reading:State v. Downey, 945 S.W.2d 102 (Tenn. 1997):

http://scholar.google.com/scholar_case?case=4629818630324364200&hl=en&as_sdt=2&as_vis=1&oi=scholarr

State v. Hicks, 55 S.W.3d 515 (Tenn. 2001):

http://scholar.google.com/scholar_case?case=1869406581221256009&hl=en&as_sdt=2&as_vis=1&oi=scholarr

From the desk of Lane Cryar