Bonneville America Forums Forums Rider Safety Forums Legislation False/Secret Compartments?

Florida and since April, Georgia have laws on this.
Now I ain't a lawyer but, after reading the wording
I can see this coming.

Officer pulls you over, for whatever reason, he has
an additude against bikers.
You have "freaked" your ride.
Said officer discovers this "Secret" compartment.
World of hurt comin' down the line!!!
Not gonna happen you say?
We shall see. I'm fairly certain of it.

I missed the reference, some new definition on reasonable searches??

All I have in there is a trickle charger

JH

I'll pull up some of the info for ya.
Some of the wording is real scarey.
Even to some of my lawyer friends!!!

Here's part of the Georgia code:

B) Examples of ‘false or secret compartment’ may include, but are not limited to:
(i) False, altered, or modified fuel tanks;
(ii) Original factory equipment on a vehicle that has been modified; or
(iii) Any compartment, space, or box that is added or attached to existing compartments, spaces, or boxes of the vehicle.
(2) ‘Vehicle’ includes, but is not limited to, cars, trucks, buses, motorcycles, bicycles, aircraft, helicopters, boats, ships, yachts, and other vessels.

Now the really scarey part:

(c)(1) It is unlawful for any person to knowingly own or operate any vehicle containing a false or secret compartment.
(2) It is unlawful for any person to knowingly install, create, build, or fabricate in any vehicle a false or secret compartment.
(3) It is unlawful for any person to knowingly sell, trade, or otherwise dispose of a vehicle which is in violation of this Code section.
(d) Any person who violates this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than two years, by a fine not to exceed $10,000.00, or both.
(e) Upon the arrest of a person who owns or is operating a vehicle which is in violation of this Code section, if the vehicle is not otherwise subject to forfeiture under other provisions of law, or not determined to be needed to be held as evidence, the law enforcement officer shall seize the license plate and registration for such vehicle and shall issue a citation for violation of this Code section and a temporary license plate for the vehicle. The temporary license plate shall be on a form as prescribed by the state revenue commissioner. The temporary license plate shall be valid for 30 days or until the owner of the vehicle provides verification that such vehicle has been repaired so as to eliminate any violation of this Code section, whichever occurs first. Such vehicle shall be subject to inspection by law enforcement and if it is determined that such vehicle has been repaired, the license plate and registration shall be returned to the owner at such time.

Scares me and I use to jump outta planes in hostile
places for a living!!!

That does seem potentially heavy handed, especially in the wrong hands. I wonder if those magnetic hide-a-key or grifter falls under the definition? The freak tool box. "What is in there?" "Registration & proof of insurance sir".

JH

How would a cop know that the freak was not oem and so the compartment was not "created". Also you could easily say, if stopped, "I have a compartment behind my air cleaners that I use for whatever you use it for". Thus eliminating the secret aspect of it.

I guess I better spray paint my tupperware "toolbox" black! You can see it if you look between the side cover and the seat...

That's one of the most ridiculous things I've ever heard. I wonder how many other states have laws like that on the books? I guess the lesson is to keep your registration and stuff in your pocket and don't open up the Freak container in front of a cop.

I doubt that law will make it through the appeals process once somebody challenges it. I know guys that have a lift up floor of their truck bed to hide the tools from prying eyes.

Voters in some states are fighting back on these police siezures. Oregon voters passed a Property Protection Act that requires a conviction before the police can sieze your car, bike, motorcycle, etc. And even if convicted, the property taken must be proportional to the crime. So if you get nailed for "incorrect lane change", a common reason for getting pulled over in Louisiana from what I hear, they can't take your vehicle just for some traffic ticket.

GA Code courtesy of a web blog.

Actual Georgia Code: House Bill 1193

This is probably much ado about nothing. Consider this section in GA's bill:

(b) It may be inferred that the accused intended to use a false or secret compartment if a person knowingly has a false or secret compartment which:
(1) Is concealing a person for an unlawful purpose;
(2) Is concealing a controlled substance in violation of Article 2 of Chapter 13 of this title;
(3) Is concealing other contraband;
(4) Shows evidence of the previous concealment of a person for an unlawful purpose;
(5) Shows evidence of the previous concealment of controlled substances in violation of Article 2 of Chapter 13 of this title; or
(6) Shows evidence of the previous concealment of other contraband.


Sounds like they are targetting human and drug traffickers. Somehow, I doubt that a Freak toolbox will fall into any of those categories...

OK maybe I'll leave mine clear so they can see the tools inside

That was my point.
A law may be well intended but, if worded wrong,
opens itself to abuse.
Seems the wording in this would make the officers call
FINAL, ON THE SPOT!
Don't matter what you say,
give up your tags and registration.
Oh, here's your temporary tag. See you in court.
Have a nice day and drive safe Sir.
Probably would beat it in court.
BUT! Why should we have to SPEND that kind of money,
lost wages for court dates and so on and so forth?
Not gonna happen?
My behind!!!
Why do you think we are fighting for new laws concerning
impounding of bikes and such?
WORDING! DUH!!!

Now I know we have a few law enforcement
types here.
And I am not saying ALL Police would abuse
something like this.
But I sure would like to hear thier take on this.

Seems like all you would need would be a sticker on swingarm or somewhere that said "toolbox (or first aid kit) under seat".

Our rear axles are hollow. Great spot for some cash or stash...

Just treat it like a tampoony and tie a string to it!

Some attorney is waiting to take this to the US supreme court. Define 'secret compartment'. Under the seat? The console of my F150 has a tray with a 'secret compartment' below it. I can see this being misused for sure, especially if the cop wants to hang one on you, but I bet this ends up in the higher courts-after us peons have suffered.

Maybe they are trying to make it easier for cops to find "probably cause" to search for drugs etc.

I guess every single GoldWing and Vrod rider are now breaking the laws with their false gas tanks?

Unless your driving through Hazzard county and Roscoe P. Coltrane pulls you over I dont think ya have much to worry about

What if Flash sniffs it out?

Maybe we need stickers that say 'Secret Compartment'. We could paste them on the airbox and whatever. If a secret compartment is labeled, is it no longer secret?

Some cops are going to use this law as 'probable cause' and some are going to ignore it depending on the circumstances.

There's a tourist attraction over here that's signposted from the motorway "SECRET NUCLEAR BUNKER".

Quote:

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There's a tourist attraction over here that's signposted from the motorway "SECRET NUCLEAR BUNKER".

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we have this:

I think Mr. Ed is dead, just send him to the glue factory..

Let me start by saying that I have been enforcing local, state, and federal laws for over eight years. A cop is not going to search your freak box unless there is probable cause. Even if it was searched, why worry unless you are some kind of dirt bag trying to hide something.

As far as your bike being seized, let me say...I doubt it. Most seized property requires a federal agent to be involved and also requires extensive steps including judge approval. Also to seize a vehicle, it has to be proven that it was used in a felony, for example drug transport/sale.

So just play it safe and leave your drugs at home. Maybe next time just interpret laws for their intended use or meaning.

Just my 2 pennies worth.
Brian

Good post Brian,

Fortunately, unlike other brands, Triumph riders aren't paranoid.

JH

Quote:

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So just play it safe and leave your drugs at home.

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Good advice!

take your drugs then ride....don't worry about it.