CHARLESTON, W.Va. -- In the early hours of Oct. 6, 2009, scores of federal agents fanned out across West Virginia and several other states, armed with arrest warrants for dozens of members and associates of the Pagans Motorcycle Club.


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Several teams also carried search warrants for any Pagans paraphernalia in the suspects' homes. On Thursday, four defendants argued that the government had wrongly collected various items and statements, and asked U.S. District Judge Thomas E. Johnston to ban prosecutors from using them at trial. The government is using circular logic to support its racketeering case, defense attorneys suggested. According to them, prosecutors are saying the Pagans are a criminal organization, and evidence of membership is relevant to the criminal activity -- but proof of membership is needed to prove that Pagans acted together to commit racketeering crimes. This wrongly criminalizes being a member of the Pagans, in violation of their freedom of association under the First Amendment, defense attorneys said.

Source: Pagans want seized material barred from trial