truck stop inspections
- Thread starter butterfly610
- Start date
Tennesseahawk
Veteran Expediter
"I refuse to answer that."
"I don't consent to any search (beside that of the freight and the operation of the truck and commercial documents)."
That's pretty much all you have to tell them. Know that going above and beyond his station, the officer is committing fraud upon his office; and that can be remedied in court.
The SC has determined that invoking your rights does not give probable cause. Any officer or judge should know that. Ignoring probable cause is fraud upon their oath, by denying you your 4th Amendment rights; and they can be held PERSONALLY responsible in federal court... ie, sued.
I'm not saying to necessarily devoid yourself of counsel; but rather know what the cops are doing wrong, since counsel isn't there to witness everything.
And above all else, KEEP YOUR MOUTH SHUT! Everything you say MAY be used against you. Not only that, but it makes the cop pizzed. Be polite, but be stern; and he won't have any legal reason to fry you.
Just remember that a lawyer's first duty is to the BAR, and not you, the client. If you do your homework, you'll find laws and rules a lawyer would never use, motions he'd never file, and remedy he'd never try to get for you. The lawyers for OOIDA are for OOIDA's best interests, not necessarily yours. Just keep that in mind when it comes to protecting your "person".
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AMonger
Veteran Expediter
Uh-oh, greg334 is going to have something to say about that, something about it bring your legal, moral, and ethical duty to volunteer for a roadside cavity search if the officer wants to conduct one.
I have an info graphic with overlapping circles showing who goes to jail. The biggest circle is titled "Those that talk to the cops." The small circle is "Those that don't talk to the cops." There's a small area where the circles overlap.
I didn't explain that well, but it shows that of all the people arrested, the vast majority are ones who chose to answer questions beyond name, address, DOB. Don't talk to the cops, and you're most often depriving them of the information they need to make an arrest. I saw a video produced by the ACLU that said even wishing an officer a good day opens you up to further questioning when you wouldn't be open to it otherwise.
I was watching Cops one day, and a guy gets pulled over for suspicion of driving a stolen car. He didn't steal it (strictly speaking) but had borrowed it from the guy that did so he could go pick up some chicken for dinner. No sooner does he pick it up than John Law is behind him. During questioning on the roadside, the cop is unable to get him to confess that he knew the car he was in was stolen, our that he knew it was stolen when he borrowed it.
So the cop is anxious to get him off the road and into an interrogation room where the odds would be more in the state's favor. The guy protested that he just wanted to get home to eat his chicken, but the cop leaned on him a bit and he eventually went.
So the cop starts in on him in interrogation, while the guy's hungry and just wanting his chicken. Soon, though, the guy admitted that he knew the car was stolen when he borrowed it, so the cop came back out and told the camera that the guy admitted it. The cop says, "I told him that after the interview, he could have his chicken, so I gave it to him." The camera showed him in there, eating it. Afterwards, he was cuffed, and taken to booking for pictures and prints and put in a cell, and charged with possession of stolen property or some such.
Now, that guy was guilty, and thieves should face the consequences, so I'm not crying any tears for him. But as I'm watching this, I'm thinking, the guy was stupid to go with the cop to the station when he wasn't under arrest, prolonging his questioning, giving the cop more opportunity to get the piece or two of information he lacked to make the arrest, and also going to a place that gives the cop home field advantage,.so to speak.
A cop's job is to lock your @$$ up. Even answering your truck's door when you don't want to is helping them.
Them sort of Inspections are elective.
If your logged in the sleeper then be there if your logged off duty then be just that.
do not get in that driver seat at all. If you get out of the truck get out on the passagner side. Weather you got electronic logs or paper as you get out of sleeper logg off duty.
When you get back in sleeper logg Sleeper.
If they come to your door do not answer the driver door or you just opened your self up for a inspection and the first legal thing they can hit is your log however you do got 15 min to change it. If your getting a reset both of you or just one. They can come knocking but you dont got to answer.
Those type of inspections are Voluntary. Unless they see you drive in and they are on you as you shut down then beware.
Never again Vouluteer Your Self
Peace.
They cant make you break sleeper birth or a reset. If they push the issue call for there supervisor Im sure they will pass you by then.
If your that foolish its your own fault like I said the only way they can get you is you crazy enough to answer that driver door. Or if you just pulled iin and they see you and you still got to do a Post Trip. Or its a Viable Safety Issue.
Happy 4th of July Everyone.
If your logged in the sleeper then be there if your logged off duty then be just that.
do not get in that driver seat at all. If you get out of the truck get out on the passagner side. Weather you got electronic logs or paper as you get out of sleeper logg off duty.
When you get back in sleeper logg Sleeper.
If they come to your door do not answer the driver door or you just opened your self up for a inspection and the first legal thing they can hit is your log however you do got 15 min to change it. If your getting a reset both of you or just one. They can come knocking but you dont got to answer.
Those type of inspections are Voluntary. Unless they see you drive in and they are on you as you shut down then beware.
Never again Vouluteer Your Self
Peace.
They cant make you break sleeper birth or a reset. If they push the issue call for there supervisor Im sure they will pass you by then.
If your that foolish its your own fault like I said the only way they can get you is you crazy enough to answer that driver door. Or if you just pulled iin and they see you and you still got to do a Post Trip. Or its a Viable Safety Issue.
Happy 4th of July Everyone.
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No your not and do not answer on the Driver side at all,
make sure your logged in sleeper if that where you are and if you get out of the truck logg off duty.
Make sure you do not sit in that driver seat what so ever.
Also get out get out get out on the passanger side.
You have rights as a Driver and if you let them do an inspection on you you got to log it on duty.
Dont be silly if they push the issue request for a supervisor.
Im sure they will leave you alone.
Your on a reset weather its a 34HR or your 10 back
they can't harrass you unless its a viable Safety.
You do have rights and I found this out thanks to A CHP Officer who had a DOT officer with him doing inspections. I asked.
All you got to do is ask and believe it or not they will tell you the truth. You do got rights. Those guys are only doing their job just like us. Remember there is no dum question. Except the one thats not asked.
As Abraham Lincoln once said a man should not be strapped or teathered to his labors.
have fun and thanks CHP.
Happy 4th Everyone YEA!!!!!
Happy Birthday America Happy Birthday!!!!!!!!!!!!!!!!!!!!!!!
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I sit in the drivers seat all the time. NO one can see in my windows so they would have no idea where I am in the truck. My truck is my home regardless of what any court, politician , DOT Dude or cop may think. If I don't answer the door there is NOTHING they can do without ignoring my Constitutional rights. I am NOT willing to give them up.
tenntrucker
Expert Expediter
Very seldom does anything good come from someone knocking on your truck door, so I ignore it.
Posted with my Droid EO Forum App
Posted with my Droid EO Forum App
AMonger
Veteran Expediter
It's not true that they can't interrupt your break. They certainly can...IF you're dumb enough to get up and answer the door.
Heck, when I was a guard in section 8 housing, it was a constant battle to get the inmates, er, residents to keep their stereos and TVs down to a reasonable level. We'd tell 'em to turn out down and usually they would, but sometimes they'd ignore us and we'd call the cops. There were a few times nobody would answer the door, even with the cops bangin' on the door, yelling "POLICE DEPARTMENT!" On those occasions, after a while the cops would shrug and say "Sorry. Nothing more we can do." And that was for a cite-able offense, not just an inspection.
Second, it doesn't matter what door you get in or out of. If they see you in the truck, though, and make contact with you, they can inspect you, even if it means interrupting your break and you have to restart it. All the more reason to ignore knocks on your door. No reason to confirm for them that you're even in there.
Heck, when I was driving a stretched class 8 straight truck, people would WAKE MY @$$ UP to ask me where I had it stretched, how much it cost, etc. Pretty soon, I learned it's sometimes best to ignore a knock; they'll go away before too long. Only thing that worried me was that they might be trying to tell me I'm leaking oil or something really important.
Heck, when I was a guard in section 8 housing, it was a constant battle to get the inmates, er, residents to keep their stereos and TVs down to a reasonable level. We'd tell 'em to turn out down and usually they would, but sometimes they'd ignore us and we'd call the cops. There were a few times nobody would answer the door, even with the cops bangin' on the door, yelling "POLICE DEPARTMENT!" On those occasions, after a while the cops would shrug and say "Sorry. Nothing more we can do." And that was for a cite-able offense, not just an inspection.
Second, it doesn't matter what door you get in or out of. If they see you in the truck, though, and make contact with you, they can inspect you, even if it means interrupting your break and you have to restart it. All the more reason to ignore knocks on your door. No reason to confirm for them that you're even in there.
Heck, when I was driving a stretched class 8 straight truck, people would WAKE MY @$$ UP to ask me where I had it stretched, how much it cost, etc. Pretty soon, I learned it's sometimes best to ignore a knock; they'll go away before too long. Only thing that worried me was that they might be trying to tell me I'm leaking oil or something really important.
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One they can interrupt your sleeper berth( you just have to start your 10 hr break all over again) . Two both seats are considered on duty not driving, not just the drivers seat. For the people here that run team, is it not true, sitting in the jump seat is on duty not driving. I know no one logs it that way when the truck is moving down the road.
That right there is one of the main reasons I don't drive a CMV. When I'm parked, the entire van is my home, including the driver's seat. In a CMV, if you sit in the seat you have to log it, even if you're just sitting there resting because it's comfortable, and if you've got a sleeper you can't go in there unless you log it, and if you're logged in the sleeper then man, oh, man you dаmned well better be in there and nowhere else. The sleeper and the cab are like one step apart for cryin' out loud. It's like having a structured "time out" by a helicopter parent. It's retarded.
moose
Veteran Expediter
the 1st thing I do most times i parked, is pull the windshield curtain .
if the vehicle is not operational, then no 'on duty' / 'Driving' needed.
(& obviously, the vehicle don't needs to be operational if i 'Sleep'or'off' ).
i took out the jumps seat, which makes it EZ'er to get in or out.
Moose, we all put off duty when we are at a truck stop or other places when taking a 10 hour break, but here are the definitions from the FMCSA'S web site. Please look at number 4. We might be able to use info in the paragraph to get around number 4.
On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
(8) Performing any other work in the capacity, employ, or service of a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.
On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
(8) Performing any other work in the capacity, employ, or service of a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.
14Wheeler
Seasoned Expediter
Exactly...and will continue to do so.
Only driven 14 years CMV, but i've never had an issue sitting anywhere within the cab-sleeper. Actually I can't ever remember even hearing stories about drivers being nailed for sitting in either front seat. Like shooter, once i'm off the road not driving...where I sit or lay is totally outside the reach of any agency.
I'm picturing Chef trying to climb over his fridge and microwave to go out the passenger door
Good thing he drives a van Beachbum, does #9 mean you can run out of hours by working at McDonald's before you go truckin'?