Video
footage
obtained
by
the
MPP
from
the
North
Florida
Council
of
Clubs
confirms
that
motorcycle
profiling
is
not
only
widespread
in
Daytona
Beach,
but
it
is
also
official
law
enforcement
policy.
In
the
words
of
Daytona
PD
Chief
Craig
Capri,

“If
you
wear
your
colors 
[in
Daytona
Beach],
you’re
going
to
get
stopped.”

This
official
policy
is
unconstitutional
and
exposes
the
entire
Daytona
PD
to
civil
liability.
This
video
evidence
also
justifies
a
cost-free
legislative
solution
in
the
form
of
a
simple
prohibition
against
motorcycle
profiling
combined 
with
relief
for
victims.

 

 

Chief
Capri’s
Statement
Proves
Unconstitutional
Practices
Are
Policy

 

Without
any
other
evidence,
Chief
Capri’s
Statement
alone
proves
that
the
Daytona
PD
profiles
motorcycle
club
members
as
a
matter
of
policy.
This
official
policy
irrefutably
violates
the
1st,
4th,
and
14th
Amendments
to
the
US
Constitution.

 

Federal
courts
have
confirmed
that
motorcycle
club
colors
are
protected
by
the
1st 
Amendment.
To 
punish
an
individual
through
seizure
in
the
form
of
a
profiling
stop
anyone 
who
wears
the
insignia
of
[a
1%
motorcycle
club],
without
regard
to
or
knowledge
of
that
individual’s
specific
intent
to
engage
in
the
alleged
violent
activities
committed
by
other
members,
is
antithetical
to
the
basic
principles
enshrined
in
the
First
Amendment 
and 
repugnant
to
the
fundamental
doctrine
of
personal
guilt
that
is
a
hallmark
of
American
jurisprudence.
see

Coles
v.
Carlini
162
F.Supp.3d
380
(2015)

 

Chief
Capri’s
statement
also
violates
the
14th
Amendment
because
it
represents
Selective
Enforcement
of
the
law.
Capri’s 
statement
proves
that
the
strategy
to
use
traffic
stops
as
a  
way
to
punish
those
exercising
their
rights
of
expression
and
association
is
premeditated
and
selective.
In
terms
of
the
4th
Amendment,
any
minor
traffic
pretext
used
to 
stop 

club
member
in
Daytona
Beach
should
be
presumed
invalid.

 

Exposure
To
Civil
Liability

 

Motorcycle
profiling
as
a
matter
of
policy
implicates
the
entire
Daytona
PD
at
an
organizational
level.
Independent
of
individual
officers
and
incidents,
each
profiling
stop
exposes
the
Daytona
PD
as
an
entity
to
civil
liability.
Chief
Capri
is
the
highest
authority
at
the
Daytona
PD
and
clearly
articulates
a
policy
of
discrimination
and
Selective
Enforcement.
42
U.S.C.
Section
1983
provides:

 

Every
person
who,
under
color
of
any
statute,
ordinance,
regulation,
custom,
or
usage,
of
any
State
or
Territory
or
the
District
of
Columbia,
subjects,
or
causes
to
be
subjected,
any
citizen
of
the
United
States
or
other
person
within
the
jurisdiction
thereof
to
the
deprivation
of
any
rights,
privileges,
or
immunities
secured
by
the
Constitution
and
laws,
shall
be
liable
to
the
party
injured
in
an
action
at
law,
suit
in
equity,
or
other
proper
proceeding
for
redress.

 

An
Epidemic
In
Florida

 

The
National
Motorcycle
Profiling
Survey
validates
Florida’s
profiling
epidemic.
The
2018
NMPS
lists
Florida
as
one
of
the
top
motorcycle
profiling
concerns
in
America.
According
to   
the
2018
NMPS,
65%
of
Florida
survey
participants
reported
being
the
victims
of
motorcycle
profiling
at
least
once
since
2012.
These
survey
statistics
are
99%
reliable
with
less
than
a
2%
margin
of
error.
(See
NMPS
Executive
Summary
2018).

 


 

Despite
promises,
Daytona
PD
has
failed
to
address
motorcycle
profiling

 

There
is
a
long
history
and
pattern
of
evidence
establishing
that
motorcycle
profiling
is
engrained
in
the
Daytona
Beach
PD.
And
the
Daytona
PD
has
made
empty
promises
when
caught
with
their
hands
in
the
cookie
jar.

 



While
attending
the
2017
Biketoberfest
rally
in
Daytona
Beach,
Florida,
members
of
the
Iron
Horsemen
Motorcycle
Club
(IHMC)
were
the
target
of
blatant
profiling
and
discrimination
at
the
hands
of
the
Daytona
Beach
PD.
The
incident,
caught
on
videotape
as
a
result
of
quick
thinking,
is
irrefutable.
The
impact
on
civil
liberties
motivated
the
combined
efforts
of
the
North
Florida
Council
of
Clubs,
the
National
Council
of
Clubs,
and
the
Motorcycle
Profiling
Project
to
immediately
respond
with
a
formal
complaint
and
public
record
requests.
These 
inquiries,
based
on
the
video,
sparked
an
investigation
into
the
actions
of
the
officers
involved
and
a
review
of
Daytona
PD
policies
regarding
motorcycle
clubs,
said
a
source
inside
of
Chief
Craig
Capri’s
office.
As
a
result
of
the
State
Attorney’s
inquiry,
a
curriculum
was
supposed
to
be
constructed
and
all
Daytona
PD
officers
were
to
be
re-
trained
relating
to
motorcycle
profiling.

 

Unfortunately,
almost
2
years
later,
motorcycle
profiling
is
alive
and
well
in
Daytona
Beach.
As
articulated,
motorcycle
profiling
is
still
official
policy.

 

A
Legislative
Solution

 

Motorcycle
profiling
is
a
legitimate
national
policy
discussion.
In
December,
the
US
Senate
unanimously
approved
S.Res.154
which
directs
all
states
to
follow
the
lead
of
Washington
 State
and
Maryland
by
legislatively
addressing
and
condemning
the
practice
of
motorcycle
profiling.
A
prohibition
combined
with
injunctive
and
actual
relief
for
victims
is
a
simple
solution
with
no
fiscal
impact.
A
legislative
prohibition
would
immediately
increase
exposure
to
the 
 issue
therefore
reducing
incidents
of
profiling.

DISCLAIMER:

Although
comments
are
encouraged
and
appreciated,
not
all
comments
will
be
posted
by
Motorcycle
Profiling
Project
LLC.
The
Motorcycle
Profiling
Project
LLC
appreciates
oppositional
viewpoints
but
will
not
post
any
comments
that
do
not
contribute
to
a
respectful
and
meaningful
discussion
or
are
blatantly
discriminatory
or
otherwise
offensive.
Resubmissions
will
be
considered
at
the
commenter’s
request.