VICTORIA — A Hells Angels veteran says police overstepped their legal
boundaries by stopping 150 members in North Cowichan on Saturday to
conduct document and safety checks — a move that halted traffic for 20
minutes.
Rick Ciarniello, who was riding up front and refused to comply with
police requests to pull over, said the same thing happened outside
Calgary in 1997, and the group launched a constitutional challenge.
“[After] two years in court, we got a decision saying arbitrary road
stops like that are not legal.”
Sgt. Lindsey Houghton, spokesman for the Combined Forces Special
Enforcement Unit of B.C., said it was unusual for police to stop so
many Hells Angels motorcyclists, one of the largest rides in recent
memory, but it was necessary for public safety.
When police stopped the bikers on the Trans-Canada Highway near Duncan
about 2 p.m., Ciarniello saw no reason to obey.
“I didn’t consider that any order that they wanted was a legal order
and I refused to do it,” he said.
“They tried to get me to say I refused the lawful order of a police
officer and I said, ‘No — what I’m refusing is for you to violate my
Charter rights.’ ”
Police are allowed to stop motorists to check licence and
registration, but they are not allowed to single out a group of
motorists arbitrarily, Ciarniello said.
Before the Hells Angels won their court case, police used mass traffic
stops to gather intelligence on the bikers, he said.
“I spent a lot of money on that and we won, and I’m not going to fight
it every week,” said Ciarniello, who disputes police allegations that
the bikers were speeding or going through red lights. “Our
instructions to everybody was to stop at all red lights.”
After a brief discussion, the police allowed the bikers to continue on
to Victoria.
The Hells Angels are connected to a long list of criminal activities,
including murder, Houghton said.
“There is potentially a very real risk to public safety when these
people are out on the road … and we monitor them very closely — very,
very closely in the case of Saturday.”
The entire procession was both photographed and videotaped, Houghton
said, adding every licence plate was recorded and tickets for
violations will be issued to registered owners.
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Original source article: Defiant Hells Angel says police road checks
on Trans-Canada Highway crossed legal line
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