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MISSOURI BIKERS DEMAND RETURN
OF PROPERTY>-- A.I.M. Attorneys around the country not only provide
legal assistance to injured motorcyclists, but they also contribute "pro
bono" legal work for the motorcycle community, and often serve as Legal
Counsel for their local Motorcycle Rights Organization and for all the
Confederations of Clubs. Missouri A.I.M. attorney Jeffrey Lang recently
represented two motorcycle clubs in lawsuits against law enforcement to
return property seized in a raid on their clubhouse.
The Jackson County Drug Enforcement Task Force executed two search warrants. The first was at the club house shared by the Galloping Goose MC and El Forastero MC. While no drugs, drug precursors, drug making apparatus or paraphernalia was located, the Task Force assisted by the FBI and ATF confiscated club property including, but not limited to, club pictures, plaques, flags, anything with the club colors or 1% information on it, antique slot machines and the clubs' minute books. Another search warrant was executed at the residence of a Galloping Goose club member. While no drugs or drug making apparatus was found, various personal items of the member was confiscated including but not limited to, pictures, club jackets, motorcycle parts and other pictures or clothing containing club colors or 1% information. The club and member fought for years trying to regain possession of their property. About a year ago, out of frustration, they asked if Missouri A.I.M. attorney Jeff Lang could do anything to help. Jeff filed two lawsuits against the Task Force. One in the name of the two clubs and the other in the name of the member. "Both suits sounded in Tort and asserted causes of action in Replevin," explains Jeff in legalese. "Later, after additional discovery, both Petitions were amended to include a count for Conversion, which, in addition to actual damages prayed for punitive damages." Early in the litigation, the Task Force returned most of the member's property. "We were able to serve the Task Force detective who was in charge of executing both search warrants, with a subpoena duces tecum to appear for his deposition. Just prior to the taking of his deposition, the Task Force agreed to return the bulk of property taken from the club house of the Gooses and El Forasteros," according to attorney Lang. "We proceeded with the deposition of the detective to determine the reliability of the Confidential Informants who provided information for the search warrants and any other facts the detective relied upon in requesting the search warrant," Lang said. "As of yet, we do not have a trial date, but my clients are ecstatic to get their property back. There are still issues to resolve regarding firearms, ammunition and the slot machines that are still being held." |