(MCNW) In what is believed to be
the first time bikers have successfully gone head to head with the
Minnesota Gang Strike Force, the Law Offices of Stephen R. O'Brien
succeeded in obtaining judgment in favor of Michael Kanne and the
Minnesota Motorcycle Club Coalition (Confederation of Clubs).
Kanne and the MMCC sued the
strike force on October 5, calling a search this summer at Kanne's St.
Cloud apartment illegal. Kanne, a member of the Christian motorcycle club
Bond Slaves, is Secretary for the MMCC and has no criminal record. Seized
were various items of personal property as well as three computers, dozens
of disks and tapes, club mailing lists and other items belonging to the
Kanne's lawyer, Minnesota Aid to
Injured Motorcyclists (A.I.M.) attorney Stephen R. O'Brien filed a Notice
of Motion and Motion for the return of all property and the unsealing of
the supporting affidavit, the document which justifies the signing of the
"By refusing to divulge the
supporting affidavits, the government has shown no justification for the
search," according to O'Brien, who has served as legal counsel for
the MMCC since its inception.
At a hearing on November 9, 2000,
Judge Bernard Boland ruled in favor of Mr. Kanne and the Minnesota
Motorcycle Club Coalition, immediately ordering the return of all property
seized during the search. The judge also ruled that the supporting
affidavit justifying the search warrant had to be disclosed. This may
enable O'Brien to bring a 1983 Federal lawsuit against the Minnesota Gang
O'Brien recently sued a Crystal,
Minnesota bar for refusing service to a biker, and was awarded a $720.00
judgment in what is thought to be the first legal test of Minnesota's
newly enacted Equal Access biker anti-discrimination law.
Once again, O'Brien has received
a ruling which favors Minnesota bikers, and for his tremendous efforts
over the years Stephen R. O'Brien was selected by the National Coalition
of Motorcyclists board of directors to receive the NCOM Silver Spoke Award
for Legal at next year's NCOM Convention in Orlando.
This story is provided courtesy of Motorcycle