"Adventures" in South Carolina

Opel2010

Veteran Expediter
Owner/Operator
I was on my way to Hamlet, NC for a delivery (I had a long run, non-stop" from Houston, TX), when somewhere in SC on US-1 before Cheraw, I met a sheriff's check point. Nothing new, I met before such a C.P. in SC (only!). There were about 10 lazy a**es, asking every driver for an ID. I showed mine, then as a bonus, they asked for registration and insurance. More questions came up, like where are you coming from, did you drive all the way, blah-blah-blah, and it end up with "pull over". They asked us (me and my wife) to step out, they did a body search to me, asked us to stay about 10 ft away from the back of the van and not look to them, then they started to search my van. After 10 minutes of searches I realized I will be late for the delivery (not missing the window time, but they called me few minutes before being pulled over and told 'em I'll be there in about 40 minutes), and I asked those *******s to let me call the company to let 'em know I'll be late. Once I stepped toward my van, two of them reached for the guns and yelled at me to stay where I am. I asked them several times to bring me my cell phone, but no one paid attention to me. Anyway, after one hour of searches, including K9, opening the sealed packages I was hauling, they told us that we are clear and we may go. All my personal things were all over, they searched my cell, my GPS, absolutely everything was checked. I wanted so much to sue them, but what for? The judge will never be on my side.
 

moose

Veteran Expediter
my best advice ?
this can be VERY frustrating.
just don't take it on your wife/receiver/dispatch/other LEO's/or other motorists Ext.
i look @ frustration as something that can be a safety hazard,
and prevent it from effecting the way i drive & do business.

normally when something like that happens, i treat myself for a good long quality seatdown meal.
thanks for posting.
 

Monty

Expert Expediter
Refuse the search. Not physically, but make sure you tell the officer, "No! You do not have my permission to search my vehicle. If you have probable cause to do so, I will not impede your duty to do so, but I reapeat, you do NOT have my permission to search the vehicle."

Such a statement will go much farther in the lawsuit you intend to file.

If you can, make sure it is documented in some fashion, perhaps a video, (your's or theirs).

I have told my wife, (the ex-cop), more than once I would refuse to allow such search. She said, houmoursly, "Where shall I send your cigarettes"?

Fact remains, there are no legal rights for them to search WITHOUT probable cause. If they care to take time to get a warrant from a magistrate to do so, then I'll wait patiently alongside the road with them. Otherwise, the search is illegal.

Btw, did they cite and probable cause to search it?
 
Last edited:

AMonger

Veteran Expediter
Ah, freedom! This will be happening more and more. Get used to it. Think either of the presumptive presidential nominees would so much as condemn this? When this crap is happening regularly nationwide, and we're not far from it, the idea of President Paul is going to seem like a great idea. It'll be too late by then, of course.
 
Last edited:

AMonger

Veteran Expediter
So what's your wife think of the experience? Does she consider it reasonable? Would she have participated in such an operation?
 

Monty

Expert Expediter
No she does not, however, if she was ordered to do so, she probably would have.

And had you sued, she would have testified to the facts.
 

bikerpaul

Expert Expediter
Most Police and Sheriff's Departments have an Internal Affairs Dept, or some such Bureau. Put what happen in writing and send it to the Sheriff, and ask him to investigate the incident. Write it in a professional manner, and don't threaten a lawsuit. Most officers DO NOT want to be part of an IA investigation, and this should be looked into.
 

Opel2010

Veteran Expediter
Owner/Operator
So what's your wife think of the experience? Does she consider it reasonable? Would she have participated in such an operation?

My wife is a retired state police chief inspector from Europe. She said such a thing it wouldn't happen over there, and if it does, some heads will "fall"...
 

Opel2010

Veteran Expediter
Owner/Operator
Btw, did they cite and probable cause to search it?

No, they just asked me if I let them search the van. It happened before in GA, KS, WI and NM, but they never messed up my stuff and the search didn't take more than 15-20 mins top.
 

jjoerger

Veteran Expediter
Owner/Operator
US Army
No, they just asked me if I let them search the van. It happened before in GA, KS, WI and NM, but they never messed up my stuff and the search didn't take more than 15-20 mins top.

Except for military bases and power plants we have never been searched.
My personal vehicle has never been searched either.
Do you know of any reason why yours would be searched so often?
 

scottm4211

Veteran Expediter
Owner/Operator
I enter the United States up to 4 times a week from Canada. My truck has been x-rayed once and never been searched (although I admit I am very honest looking...). Yet driving on the great interstate highway system I frequently see vehicles pulled over with personal belongings strewn all over the shoulder of the road.
The country needs a collective head shake.
Oh, IMHO of course.
 

AMonger

Veteran Expediter
Here's where it starts to get hairy.

They asked us (me and my wife) to step out, they did a body search to me,

Did they indicate this was optional? You say "asked." Was it truly a request or a demand? Did you ask if you were free to go or if you were being detained? Did you feel that you could have said no, or do you think you had no choice?

asked us to stay about 10 ft away from the back of the van and not look to them, then they started to search my van.
Again, asked? I understand the reasoning behind their not wanting you to look at them while they searched, but I sure wouldn't have complied with that. Was that a request or an "order?"

Anyway, after one hour of searches, including K9, opening the sealed packages I was hauling, they told us that we are clear and we may go.

It may surprise people, but if we're going to outlaw people putting substances in their own bodies I have no problem with having a drug dog sniff your vehicle. After all, the molecules he's sniffing are outside your car. However, did they say the dog alerted on anything? They opened the packages without the dog alerting or even a pretense of probable cause? btw, if you read the Constitution, it doesn't say the government may search anyone on "reasonable suspicion" or even "probable cause." It says they may search only after obtaining a warrant they get by swearing to a judge that they have probable cause. And the idea that they can detain you while they do all that is both absent from and repugnant to the constitution.

I know I'm going off on a tangent here, but does anyone doubt that a dog can be trained to alert on a subtle command from the handler? The issue has been raised that dogs, given their nature of wanting to please their master/Alpha, are prone to falsely alert because their experience tells them their master/Alpha is pleased when they alert. "Good boy!" he tells them, and maybe he shows them approval in other ways. So, they want that approval, and to them it's just another trick they do for daddy. And here we are, basing our civil liberties on the reaction of an animal eager to please the master who wants to exercise government power to suspend our liberties toward the end of locking us up. What a country!

So anyway, did they even claim probable cause, or did they ask your consent at all? Or did they just say, "We're going to search?"

All my personal things were all over, they searched my cell, my GPS,
Again, here's where we cross from outrageous to #©&©!!#!! outrageous. A statist like Greg334, judging from his past statements, would say that you had a civic duty to cooperate and assist with the search since you're driving a commercial motor vehicle (even though you weren't, as Turtle has shown us). But even if you accept the premise that being a commercial driver alters your civil liberties (it doesn't) and that the Bill of Rights no longer applies to you (it does), at that point where they search your personal effects, especially your phone & GPS, even the most hardcore statist (read that: rectum) would have to concede that at that point, they've gone beyond any pretense of checking the vehicle/freight/paperwork to ensure compliance with applicable statutes and are now doing a search more comparable to entering your home and rifling through your personal effects.

absolutely everything was checked. I wanted so much to sue them, but what for? The judge will never be on my side.
Contact the ACLU! Amidst all the outrageous crap they do, once in a while, they're on the right side. What the cops did here was plainly illegal.
 
Last edited:

AMonger

Veteran Expediter
Most Police and Sheriff's Departments have an Internal Affairs Dept, or some such Bureau. Put what happen in writing and send it to the Sheriff, and ask him to investigate the incident. Write it in a professional manner, and don't threaten a lawsuit. Most officers DO NOT want to be part of an IA investigation, and this should be looked into.

You think the deputies did this on their own? They just decided, "Hey, what the heck, let's go set up a checkpoint and stop every vehicle and do some random searches!" This was a departmental operation. The sheriff already knows about it and approved it. Sending this letter is only telling him something he already knows and approved.

Calling a lawyer or the ACLU is the only way to go here.
 

AMonger

Veteran Expediter
My wife is a retired state police chief inspector from Europe. She said such a thing it wouldn't happen over there, and if it does, some heads will "fall"...

Imagine that..."the free-est country on earth"... Less free than the collectivists in freaking EUROPE! If this doesn't wake readers up, then America is done.
 

Jason2

Veteran Expediter
Owner/Operator
I don't mean this the way is wrote but he probably have red eyes and their first thought was drugs.But they don't ever have to drive all nite like you do or on a time line.

Those sorry bunch of ....... (you fill the blanks)
 

x06col

Veteran Expediter
Charter Member
Retired Expediter
US Army
Except for military bases and power plants we have never been searched.
My personal vehicle has never been searched either.
Do you know of any reason why yours would be searched so often?

I kinda wonder also. Is it appearance, or attitude, or demeanor??? Seems to be a magnate....somehow???
 
Top