NC to seize bikes for traffic tickets, no conviction required

What do you expect in Blackwater NC, where you get the death penalty for drinking alcohol?

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
-Eighth Amendment to the United States Constitution

Police to seize and sell motorcycles and cars accused of eluding arrest

14 Jul 2011

Beginning December 1, North Carolina will join Australia in having laws on the book mandating the seizure of vehicles for certain speeding offenses. On June 23, Governor Bev Perdue (D) signed the “Run and You’re Done” bill into law which authorizes a county sheriff to take and hold the car of anyone accused — not convicted — of speeding away from a police officer. The state House and Senate passed the measure unanimously.

Under the new law, the confiscation becomes permanent if a judge believes the car or motorcycle was used to elude a police officer while speeding more than 15 MPH over the limit with at least one other aggravating factor, such as having someone under 12 years old in the vehicle or the vehicle was at some point in a highway work zone, regardless of whether any workers are present.

Such charges could apply to drivers who have done nothing seriously wrong. In 2009, a Minnesota State trooper rammed the minivan of a man accused of not using his turn signal, then arrested him for “eluding police” because he took less than a minute to find a place to pull over that was not covered in snow. He had his three small children in the car at the time.

In 2008, a woman drove less than 10 MPH over the limit followed the general advice of waiting to find a well-lit area before pulling over. She was arrested by Greene County, Missouri police and only escaped charges when the incident hit the news.

Conviction under “Run and You’re Done” brings revenue to the police agency responsible for the seizure. The entity responsible for selling the vehicle will keep seizure fees, storage fees and sales fees. The remainder of the profit is distributed to the county government like a normal fine.

Under the new law, the vehicle can be seized and sold even if the actual owner of the vehicle is unaware of its use for speeding. Police only need to place a legal advertisement in a newspaper on two occasions and paste up three handbills near the place of seizure before selling the car. The process can be done in 24 days. A court clerk has the discretion to release a car to anyone he believes might be an “innocent owner.”

A special provision forbids the sale of highly modified performance vehicles. These, instead, are to be “turned over to such governmental agency or public official within the territorial jurisdiction of the court as the court shall see fit, to be used in the performance of official duties only.”

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NC HB 427

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-271

HOUSE BILL 427

*H427-v-7*

AN ACT TO PROVIDE FOR THE SEIZURE, FORFEITURE, AND SALE OF MOTOR VEHICLES USED BY DEFENDANTS IN FELONY CASES INVOLVING SPEEDING TO ELUDE ARREST.

The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20-141.5 reads as rewritten:
"§ 20-141.5. Speeding to elude arrest.

(f) Each law enforcement agency shall adopt a policy applicable to the pursuit of fleeing or eluding motorists. Each policy adopted pursuant to this subsection shall specifically include factors to be considered by an officer in determining when it is advisable to break off a chase to stop and apprehend a suspect. to initiate or terminate a pursuit. The Attorney General shall develop a model policy or policies to be considered for use by law enforcement agencies.

(g) If a person is arrested for a felony violation under this section, then the law enforcement agency shall seize the motor vehicle and deliver the same to the sheriff of the county in which such offense is committed, or the same shall be placed under said sheriff's constructive possession if delivery of actual possession is impractical, and the vehicle shall be held by the sheriff pending the trial of the person or persons operating such motor vehicle and charged with a felony offense under this section.

(1) The sheriff shall restore the seized motor vehicle to the owner upon execution by the owner of a good and valid bond, with sufficient sureties, in an amount double the value of the property, which bond shall be approved by said sheriff and shall be conditioned on the return of the motor vehicle to the custody of the sheriff on the day of trial of the person or persons accused. Upon an acquittal or dismissal of any felony charge under this section, the sheriff shall return the motor vehicle to the owner thereof.

(2) Notwithstanding the provisions for sale set out in subsection (h) of this section, on petition by a lienholder, the court, in its discretion and upon such terms and conditions as it may prescribe, may allow reclamation of the vehicle by the lienholder. The lienholder shall file with the court an accounting of the proceeds of any subsequent sale of the vehicle and pay into the court any proceeds received in excess of the amount of the lien.

(h) Upon conviction of the operator of said motor vehicle of a felony offense under this section, the court shall order a sale at public auction of said motor vehicle.

(1) The officer making the sale shall make the following deductions from the sale proceeds:

a. The expenses of keeping the motor vehicle.
b. The fee for the seizure.
c. The costs of the sale.

The officer shall then pay, from the net proceeds, all liens, according to their priorities, which are established by intervention or otherwise at the hearing or in other proceeding brought for said purpose as being bona fide. The officer shall pay the balance of the proceeds to the proper officer of the county who receives fines and forfeitures to be used for the school fund of the county.

(2) All liens against a motor vehicle sold under the provisions of this section shall be transferred from the motor vehicle to the proceeds of its sale.

(3) If, at the time of hearing, or other proceeding in which the matter is considered, the owner of the vehicle can establish to the satisfaction of the court that the provisions of sub-subdivisions a. through c. of this subdivision apply, then the court shall not order a sale of the vehicle but shall restore it to the owner. The owner shall be entitled to a trial by jury upon the issues in this subdivision.
a. The defendant was an immediate member of the owner's family at the time of the offense.

b. The defendant had no previous felony or misdemeanor convictions at the time of the offense and had no previous or pending violations of any provision in Chapter 20 of the General Statutes for the three years previous to the time of the offense.
c. The defendant was under the age of 19 at the time of the offense.

(4) A nondefendant motor vehicle owner may file a petition with the clerk of court seeking a pretrial determination that the petitioner is an innocent owner. The clerk shall consider the petition and make a determination as soon as may be feasible. At any proceeding conducted pursuant to this subdivision, the clerk is not required to determine the issue of forfeiture, only the issue of whether the petitioner is an innocent owner. If the clerk determines that the petitioner is an innocent owner, the clerk shall release the motor vehicle to the petitioner. The clerk shall send a copy of the order authorizing or denying release of the vehicle to the district attorney and the sheriff. An order issued under this subdivision finding that the petitioner failed to establish that the petitioner is an innocent owner may be reconsidered by the court as part of the forfeiture hearing under this section.

(i) If the owner of a motor vehicle seized pursuant to this section cannot be found, the taking of the same, with a description thereof, shall be advertised in some newspaper published in the city or county where taken, or, if there be no newspaper published in such city or county, in a newspaper having circulation in the county, once a week for two weeks and by handbills posted in three public places near the place of seizure, and if said owner shall not appear within 10 days after the last publication of the advertisement, the property shall be sold, or otherwise disposed of in the manner set forth in this section.

(j) When any vehicle confiscated under the provisions of this section is found to be specially equipped or modified from its original manufactured condition so as to increase its speed, the court shall, prior to sale, order that the special equipment or modification be removed and destroyed and the vehicle restored to its original manufactured condition. However, if the court should find that such equipment and modifications are so extensive that it would be impractical to restore said vehicle to its original manufactured condition, then the court may order that the vehicle be turned over to such governmental agency or public official within the territorial jurisdiction of the court as the court shall see fit, to be used in the performance of official duties only, and not for resale, transfer, or disposition other than as junk: Provided, that nothing herein contained shall affect the rights of lienholders and other claimants to said vehicles as set out in this section."

SECTION 2. This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 17th day of June, 2011.

s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor

Approved 5:06 p.m. this 23rd day of June, 2011

TN mom arrested for stopping rape of daughter

UPDATE: DC Court of Appeals Rules TSA Violated Law By Introducing Body Scanners - Judge Douglas Ginsburg found there was “no justification for having failed to conduct a notice-and-comment rulemaking,” and said, “few if any regulatory procedures impose directly and significantly upon so many members of the public.” The court said that the roll out of body scanners could not be “merely interpretive, procedural, or a general statement of policy.” The TSA, currently operating close to 500 scanners in 78 airports and planning to add 500 more scanners by the end of 2011, must now receive comment on it’s continued deployment of the technology and respond accordingly by law, finally giving critics an official voice on the issue. The case was brought by the Electronic Privacy Information Center (EPIC), which argued in its brief that body scanners are “invasive, unlawful, and ineffective,” and that the TSA’s deployment of the devices violated the U.S. Constitution and several other federal statutes. The rights group is pursuing a case to completely suspend use of the scanners in airports.

UPDATE: Woman Arrested for Groping TSA Agent's Breast at Security Checkpoint - We hear a lot of complaints about security screeners groping airline passengers. But now, a Colorado woman is accused of putting her hands on a TSA agent at Sky Harbor International Airport in Phoenix. Court records show 61-year-old Yukari Mihamae grabbed the left breast of the female agent Thursday at the Terminal 4 checkpoint. Police say she squeezed and twisted the agent's breast with both hands. Officers say Mihamae admitted to the crime. There's no word why she touched the agent. Mihamae now faces a felony count of sexual abuse. According to court records, she lives in Longmont, Colorado and is self-employed. GOOGLE EQUAL PROTECTION DEFENSE

Mom Arrested After Refusing TSA Molestation of Daughter

Andrea Fornella Abbott of Clarksville, Tennessee, was arrested by Nashville airport authorities after she refused to let the TSA fondle her daughter.

Abbott said she did not want her daughter to be “touched inappropriately” or have her “crotch grabbed,” according to a police report.

Her outrage at the “security procedure” landed her in jail. She was charged with disorderly conduct and released on bond, according to The Tennessean.

“(She) told me in a very stern voice with quite a bit of attitude that they were not going through that X-ray,” Sabrina Birge, an airport security officer, told police.

Abbott was told by the woman that naked body porno scanners are “10,000 times safer than your cell phone and uses the same type of radio waves as a sonogram.”

Earlier this month, it was revealed that the TSA, under the guidance of the Department of Homeland Security Secretary, deliberately misled the public on the health risks associated with the naked body scanners.

The Electronic Privacy Information Center published documents released under a Freedom of Information Act request that show the TSA has been caught covering up a growing number of cases of cancer among TSA airport body scanner operators who conduct the screenings in close proximity to the radiation-emitting devices.

Despite the baseless assurance that the device is safe, Abbott told Birge she did not want her daughter’s naked body revealed by the scanner.

She attempted to take cell phone video of the incident but was prevented from doing so.

In April, the TSA defended its serial molestation procedures after a video surfaced showing agents fondling a six year old girl at the New Orleans airport.

The TSA has admitted that fondling children is government policy.

“Some folks are asking if the proper procedures were followed. Yes. TSA has reviewed the incident and the security officer in the video followed the current standard operating procedures,” a TSA spokesman explained on the agency’s official blog.

American Traveler Dignity Act of 2011 by Congressman Ron Paul MD for president

Operation Foxtrot Tango Papa

1981 Honda GL1100 Goldwing for sale

Crash damage: Bent forks, busted fairings, blown rear tire, dead battery.

Engine ok. Last rode in 2010.

Good parts bike or fix cheap on ebay.

Clear title. $500 priced to sell.

Spring City TN.
865-332-5715

Driving in Fukushima

Biker babes attack killer alien UFOs from outer space

Falling Skies on TNT

"For many years I sincerely believed that an extraterrestrial threat existed and that it was the most important driving force behind world events. I was wrong and for that I most deeply and humbly apologize. Many years ago I had access to a set of documents that I eventually realized was the plan for the destruction of the united States of America and the formation of a socialist totalitarian world government. The plan was contained within a set of Top Secret documents with the title MAJESTYTWELVE. The term honored the planned placement of ultimate power in a body of wise men who are destined to rule the world as the disciples of a Messiah front man. This Messiah will serve as a buffer between the wise men and the sheople. I discovered these documents between 1970 and 1973 while I was a member of the Intelligence Briefing Team of the Commander in Chief of the United States Pacific Fleet."
-Bill Cooper, 1-legged radio host gunned down with his chained dog by Police State death squads for an arrest warrant issued on September 11, 2001, MAJESTYTWELVE (sheriff later indicted for felonies, deputy shooter suicided himself in a "motorcycle crash")

"Today, America would be outraged if U.N. troops entered Los Angeles to restore order. Tomorrow they will be grateful! This is especially true if they were told that there were an outside threat from beyond, whether real or promulgated, that threatened our very existence. It is then that all peoples of the world will plead to deliver them from this evil. The one thing every man fears is the unknown. When presented with this scenario, individual rights will be willingly relinquished for the guarantee of their well-being granted to them by the World Government."
-Sir Heinz "Henry" Kissinger Knight of the British Empire, first director of the 9/11 Commission, 1991 Bilderberger Con

"But, I've often wondered what if all of us in the world discovered that we were threatened by an outer--a power from another planet. Wouldn't we all of a sudden find that we didn't have any differences between us at all, we were all human beings, citizens of the world and wouldn't we come together to fight that particular threat?"
-President Ronald Reagan, after he was shot by VP George Bush's cousin John Hinkley Jr, May 5th, 1988

"A common fear, however, which usually means a common foe, is also, regrettably, the strongest force bringing people together, but in opposition to something or someone. Perhaps there is a hopeful possibility here in the conquest of outer space. Interplanetary activity may give us planetary peace. Once we discover Martian space ships hovering over earth's air-space, we will all come together. 'How dare they threaten us like this!' We shall shout, as one, at a really United Nations!
-Lester B. Pearson, The Four Faces of Peace: The Honourable Lester Bowles Pearson’s Acceptance Speech Upon Presentation of the Nobel Peace Prize in 1957

"Naturally the common people don't want war: Neither in Russia, nor in England, nor for that matter in Germany. That is understood. But, after all, it is the leaders of the country who determine the policy and it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked, and denounce the peacemakers for lack of patriotism and exposing the country to danger. It works the same in any country."
-Hermann Goering, president of the Reichstag Fire, Nazi Party, and Luftwaffe Commander in Chief in charge of false-flag "terror" attacks

“Beware the leader who bangs the drums of war in order to whip the citizenry into a patriotic fervor, for patriotism is indeed a double-edged sword. It both emboldens the blood, just as it narrows the mind. And when the drums of war have reached a fever pitch and the blood boils with hate and the mind has closed, the leader will have no need in seizing the rights of the citizenry. Rather, the citizenry, infused with fear and blinded by patriotism, will offer up all of their rights unto the leader and gladly so. How do I know? For this is what I have done. And I am Caesar.”
-Julius Caesar

Here's your sign

"Fuel system leaks and spills were present in 62% of the motorcycle accidents in the post-crash phase. This represents an undue hazard for fire. The median pre-crash speed was 29.8 mph, and the median crash speed was 21.5 mph, and the one-in-a-thousand crash speed is approximately 86 mph. The motorcycle riders involved in accidents are essentially without training; 92% were self-taught or learned from family or friends. Motorcycle riders in these accidents showed significant collision avoidance problems. Most riders would overbrake and skid the rear wheel, and underbrake the front wheel greatly reducing collision avoidance deceleration. The ability to countersteer and swerve was essentially absent."
-Dr Harry Hurt PhD, US DOT, Hurt Report, Motorcycle Accident Cause Factors and Identification of Countermeasures, Volume 1: Technical Report, Hurt, H.H., Ouellet, J.V. and Thom, D.R., Traffic Safety Center, University of Southern California, Los Angeles, California 90007, Contract No. DOT HS-5-01160, January 1981 (Synopsis)

"The most stunning statistic, however, is that the total number of deaths caused by conventional medicine is an astounding 783,936 per year. It is now evident that the American medical system is the leading cause of death and injury in the US. (By contrast, the number of deaths attributable to heart disease in 2001 was 699,697, while the number of deaths attributable to cancer was 553,251.5) Using Leape's 1997 medical and drug error rate of 3 million multiplied by the 14% fatality rate he used in 1994 produces an annual death rate of 420,000 for drug errors and medical errors combined. Using this number instead of Lazorou's 106,000 drug errors and the Institute of Medicine 's (IOM) estimated 98,000 annual medical errors would add another 216,000 deaths, for a total of 999,936 deaths annually. Our estimated 10-year total of 7.8 million iatrogenic* deaths is more than all the casualties from all the wars fought by the US throughout its entire history. Our considerably higher figure is equivalent to six jumbo jets are falling out of the sky each day."
—Gary Null, PhD; Carolyn Dean MD, ND; Martin Feldman, MD; Debora Rasio, MD; Dorothy Smith, PhD, Life Extension Magazine, Death by Medicine, March 2004 (plus 10-Million annual aborticides in USA funded by $10-billion of your taxdollars - Get your abortion gift certificate today!)

Motorcycle Safety Guru Dr Harry Hurt Murdered by Medical Doctors, Newspaper Censors "Discovery" of Countersteering

Dear Diary

Wife's Diary:

Tonight, I thought my husband was acting weird. We had made plans to meet at a nice restaurant for dinner. I was shopping with my friends all day long, so I thought he was upset at the fact that I was a bit late, but he made no comment on it. Conversation wasn't flowing, so I suggested that we go somewhere quiet so we could talk. He agreed, but he didn't say much.

I asked him what was wrong; He said, 'Nothing.' I asked him if it was my fault that he was upset. He said he wasn't upset, that it had nothing to do with me, and not to worry about it. On the way home, I told him that I loved him. He smiled slightly, and kept driving.

I can't explain his behavior I don't know why he didn't say, 'I love you, too.' When we got home, I felt as if I had lost him completely, as if he wanted nothing to do with me anymore. He just sat there quietly, and watched TV. He continued to seem distant and absent. Finally, with silence all around us, I decided to go to bed. About 15 minutes later, he came to bed. But I still felt that he was distracted, and his thoughts were somewhere else. He fell asleep - I cried. I don't know what to do. I'm almost sure that his thoughts are with someone else. My life is a disaster.

Husband's Diary:

Motorcycle wouldn't start, can't figure it out.