cops harassing bikers on bike night, please respond - Page 2

OFFICER737 · 05-31-2007, 12:41 AM

There is laws known as unlawful assembly also. A parking lot is private property but if the public can access it then officers can enforce laws on it.

The 2nd Ammendment says I have the right to bear arms, try walking into a federal courthouse armed and see what happens.

KatanaMike · 05-31-2007, 02:33 PM

if you or a group are on private property it's up to the property owner or manager to decide if they want to allow you to stay.

Generally businesses like/don't mind people who drive/own classic cars because they are older and might actually buy something from them and will behave while there and not leave a mess.

Lots of business don't like motorcycles or their riders because all kinds of stupid stuff seems to happen when motorcycles gather, especially at night.

Spike · 05-31-2007, 10:03 PM

Quote:

Originally Posted by OFFICER737

There is laws known as unlawful assembly also. A parking lot is private property but if the public can access it then officers can enforce laws on it.

The 2nd Ammendment says I have the right to bear arms, try walking into a federal courthouse armed and see what happens.

Oh yeah, I always forget that it's essentially a public parking lot, in that the public goes through it often and has access to it, then it's not exactly considered private.

What's the definition of unlawful assembly O737?

kneedraggin650s · 05-31-2007, 11:12 PM

Here is MD Law.

Common law
Unlawful assembly. At common law an unlawful assembly was defined as a gathering together of three or more persons with the common intent to achieve a purpose, lawful or unlawful, in a riotous or tumultuous manner. The common purpose or intent could be formed either before assembling or after the gathering took place. A meeting could therefore start out as a lawful assembly but change into an unlawful one.

The states are divided as to whether there must be an intent to perform the planned activity in a violent manner. Many jurisdictions require the presence or threat of force or violence disruptive of public order. Other jurisdictions consider the nature of the assembly. If the purpose is unlawful, then an unlawful assembly exists.

Spike · 06-01-2007, 04:30 AM

Quote:

Originally Posted by kneedraggin650s

Here is MD Law.

Common law
Unlawful assembly. At common law an unlawful assembly was defined as a gathering together of three or more persons with the common intent to achieve a purpose, lawful or unlawful, in a riotous or tumultuous manner. The common purpose or intent could be formed either before assembling or after the gathering took place. A meeting could therefore start out as a lawful assembly but change into an unlawful one.

The states are divided as to whether there must be an intent to perform the planned activity in a violent manner. Many jurisdictions require the presence or threat of force or violence disruptive of public order. Other jurisdictions consider the nature of the assembly. If the purpose is unlawful, then an unlawful assembly exists.

That's very interesting. Could the police in question who are giving them all shit about being there, be taking them as trespassing as the unlawful act? If so, wouldn't they have needed a complaint from the business themselves to know whether or not they're trespassing?

OFFICER737 · 06-01-2007, 04:35 AM

Quote:

Originally Posted by Spike

That's very interesting. Could the police in question who are giving them all shit about being there, be taking them as trespassing as the unlawful act? If so, wouldn't they have needed a complaint from the business themselves to know whether or not they're trespassing?

They could, especially if it is posted about loitering. They could even use obstruction of passageway if someone driving thru couldn't pass by normal means. There are several laws the officers can use.

My Sgt. tells us "no sitting in the parking lots even if they have the owner's permission if the business is closed". Around here when you get a few people in a parking lot a fight breaks out, someone gets shot, alcohol poisoning or some shit like that. One week owners say yeah it's fine and the next day they say no because they left a mess in the lot or something. Do it straight across the board and you don't have to worry either way.

kneedraggin650s · 06-01-2007, 01:01 PM

Quote:

Originally Posted by Spike

That's very interesting. Could the police in question who are giving them all shit about being there, be taking them as trespassing as the unlawful act? If so, wouldn't they have needed a complaint from the business themselves to know whether or not they're trespassing?

It doesn't have to be just the property owner's compliant. If we get a call from anyone, then we have to respond. If the busines owner next door doesn't like all the loud pipes (an example) and he calls and complains about the large group hanging out, then we deal with it.

Like Will was saying about after hours, most places have an agreement that says "officers are allowed to act as agents for the owners." Which means they have given permission to the officer to make decisions without contacting the owner. As long as it is in the best interest of the establishment. An example if there was a fire in the kitchen, and the store was closed, fireboard could break down the door to get to the fire. Its not breaking and entereing because of the agreement.

fireball75427 · 06-04-2007, 06:57 PM

ok let me get everything straight on the situation here. There is a car show thats taken place on tues and closes when it gets dark. after that cars and bikes hang out after at a near by "park and ride" parking lot. the parking lot is not private property, nor is there any signs that states no loitering or no trespassing. there is an applebees and a mcdonalds that is in the same parking lot in which they have their own seperate parking for the customers. every tues theres a group of classic cars that hang out in the park and ride. bikes and cars assemble just to hang out near the cars. cops come and tell all bikes have to leave. they do not even bother the cars. i had a cop come up to me and tell me i had to leave. i was with a friend and he was in his truck. the cop didnt bother my friend, just me since i had a bike. so i told the cop, "why because i have a bike?". he gets mad because i refuse to leave so he does a check on my bike. my bike is completely legit so i dont mind. he then tells me that im not allowed to hang out in the parking lot but i can go to the mcdonalds parking lot. another cop last week tells me that im trespassing at the mcdonalds parking lot, eventhough i just got out of mcdonalds not even 2 min before. how am i trespassing if im a customer? would it be any different if i had a soda in my hand and still drinking? how is it unlawful assembly if we are there to hang out and meet up with people?

Snowflare · 06-27-2007, 07:40 PM

Some people are ignorant assholes. The officer you ran into on your way out of the McDonalds was one of those, he was incorrect in his assertion that you were tresspassing. I noticed that your location is somewhere so I can't really even start to suggest what the local regualtions might be. However, I would personally file a harassment complaint against any officer asking that the bikes leave and saying nothing to the rest as in my neck of the woods Park and Rides are public property.

If for some reason you did anything to bring this upon yourself, I would tread lightly in bringing a complaint.