We thank the American Motorcyclist Affiliation for submitting a quick with the Supreme Courtroom on behalf of all motorcyclists to guarantee that we get pleasure from the identical Fourth Modification rights as different People.
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The amicus temporary was filed in case No. 16-1027, Ryan Austin Collins v. Commonwealth of Virginia. The Supreme Courtroom of Virginia dominated that, as a result of Collins’ automobile was a bike and never a automobile or truck, the officers who searched underneath Collins’ bike cowl didn’t want a warrant to take action. The AMA’s temporary argues that the judgment of the decrease court docket ought to be reversed.
AMA President and CEO Rob Dingman acknowledged that the amicus temporary factors out an instance of how motorcyclists’ rights may be threatened in any respect ranges — and branches — of presidency.
“The AMA and its members should be vigilant always, as a result of we are able to by no means know the place the subsequent risk might be,” Dingman stated. “The U.S. Supreme Courtroom is the ultimate arbiter on issues of Constitutional rights, and the Courtroom’s choices direct the enforcement of regulation throughout the nation in any respect ranges. When motorcyclists’ freedoms are earlier than the Courtroom, it’s important that we communicate forcefully and convincingly to defend these rights.”
The AMA’s temporary states: “This Courtroom’s evaluation shouldn’t be affected by the actual fact the automobile searched was a bike moderately than a automobile or truck…. There’s nothing inherently suspicious — and no inherent justification for a search — within the use or possession of a bike.”
The temporary factors out bike cowl is usually used to guard bikes from the weather, to offer privateness and to forestall theft.
“By eradicating and searching beneath the duvet of the bike parked within the curtilage of the house, the police carried out a warrantless search in violation of the Fourth Modification,” the temporary continues.
Whereas the AMA’s temporary expresses no opinion concerning the petitioner’s final guilt or innocence of the alleged crime, it emphasizes that bikes shouldn’t be subjected to unreasonable searches and seizures. The implications of the erosion of motorcyclists’ protections underneath the Fourth Modification can be extreme.