You’re going to tow my truck where?

Steady Eddie · Oct 27, 2011

Turtle said:
Don't try that in Illinois, as the Illinois Supreme Court has ruled otherwise, even in cases of unlawful entry by the police. Is that fupped, or what?

Heck, don't try it anywhere. If you are a CMV then it is a CMV from front bumber to rear bumber. It is not your home, it is a CMV and falls under that law.

moose · Oct 27, 2011

I had one of those loads.
shipper say they ship it daily & have more freight then they can handle.
one of those spacial expediters loads.
it was a load of Freedom.
it was dropped in Laredo & was crossed docked for south of the border.
not sure if they know what to do with it.

OntarioVanMan · Oct 27, 2011

moose said:
I had one of those loads.
shipper say they ship it daily & have more freight then they can handle.
one of those spacial expediters loads.
it was a load of Freedom.
it was dropped in Laredo & was crossed docked for south of the border.
not sure if they know what to do with it.

Exporting "freedom".....

cheri1122 · Oct 27, 2011

Streakn1 said:
If this is the case, why then would a officer of the law trained in the hours of service rules whom was so insistent in the beginning that I come forward to the cab area back off so quickly when I threw the HOS rules at him, plus later make a comment that had I come forward he was going to bust me for violating the 14hr rule? Ain't making this up. State of Alabama.

Streak: the verbiage Paullud posted [#55] is official: after 14 hrs, you may not DRIVE until you've taken a legal break of 10 [or 8, with remaining 2 later] hours.
You can still WORK. It needs to be logged and counted towards the weekly 70 [or 60], but it's quite clear in the regs.
I don't know why an 'officer of the law trained in the HOS rules' would say anything different - or why anyone would, when it's one thing FMCSA hasn't changed, or tried to, or suggested - it's been this way for a long, long, long time.

skyraider · Oct 28, 2011

Lets see now, you get a cdl, learn to drive a big rig,then spend the rest of your life fighting with the dot, officers looking thru your tractor and personal items( dirty undies, grimy shorts,used baby wipes,adult diapers,fast food bags, dont forget the blowup dolls truckers use, ugh magazines). Sounds like a great career to me. So IMHO, a cv or Sprinter makes more sense to drive, doesn't it??

I left out long fuel lines, long fuel desk lines,long walks to the get a shower, crappy food lines at a trkstop,wonderful smells in the restrooms, wow, now that was fun..................

I'm gonna wait one more week, then get my cdl

Tennesseahawk · Oct 28, 2011

Steady Eddie said:
Heck, don't try it anywhere. If you are a CMV then it is a CMV from front bumber to rear bumber. It is not your home, it is a CMV and falls under that law.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Home is where you hang your hat... or have your papers and effects, like the CONSTITUTION says. I've read no exemption to this because you're in a CMV. The way I see it, the front part of the truck and the box area are business. LEOs are allowed to deal with that gubmint part. The sleeper is not a gubmint part, and therefore, you need my permission or a LAWFULLY OBTAINED WARRANT in order to check out my skivvies.

ATeam · Oct 28, 2011

Soap box speeches made about standing up for your rights in the face of a police officer are easily made in an open forum but it is something quite different when you are on the ground with one, face-to-face, alone, and he or she is the one with the gun, hand cuffs and power to detain or delay you for any number of reasons, legitimate or not.

Tennesseahawk once provided a link to one of the best and most informative videos Diane and I have seen on the topic of what to say and not say to the police (see this thread). We watch it every now and then to remind ourselves what to do and not do in certain situations. If you have not seen this video, check it out. It is worth viewing.

Situation: You are under load, pre-dispatched on another one, at a scale and the cop wants to see your log book. You hand it over. Seeing from the book that you have a co-driver, he asks to see her log book as well. Being a champion of your rights and remembering speeches made in the Open Forum, you tell the cop that your co-driver is off duty and only she can give turn over her log book. He says, "That's alright." and asks again, this time in a firm tone, "Let me see your co-driver's log book."

What are you going to do really?

What are your rights really, and how do you know for sure?

Notice in Tenneseahawk's thread, he quickly admitted to a crime (his words) when the officer asked him a question. Speeches are easily made in the Open Forum, but if you are serious, it would be wise to think through a variety of situations ahead of time and mentally rehearse what you will do. Otherwise, the cops, who are far more experienced in these kinds of interactions than you are, will have the advantage every time.

Reaction drills:

React to an officer's demand for your co-driver's log book.

React to an officer's demand to search your sleeper.

React to an officer's order for you and your co-driver to exit the truck.

React to an officer's questions about how you are feeling.

React to an officer's friendly questions about your truck that begin, "That's a beautiful truck...."

React to an officer who searches your cab without your permission.

React to an officer who says he is placing your truck out of service for 10 hours but writes nothing up (true story).

layoutshooter · Oct 28, 2011

File a civil rights lawsuit naming the offending officer(s), State and/or agency(s) involved. Retire.

purgoose10 · Oct 28, 2011

ATeam said:
Soap box speeches made about standing up for your rights in the face of a police officer are easily made in an open forum but it is something quite different when you are on the ground with one, face-to-face, alone, and he or she is the one with the gun, hand cuffs and power to detain or delay you for any number of reasons, legitimate or not.

Tennesseahawk once provided a link to one of the best and most informative videos Diane and I have seen on the topic of what to say and not say to the police (see this thread). We watch it every now and then to remind ourselves what to do and not do in certain situations. If you have not seen this video, check it out. It is worth viewing.

Situation: You are under load, pre-dispatched on another one, at a scale and the cop wants to see your log book. You hand it over. Seeing from the book that you have a co-driver, he asks to see her log book as well. Being a champion of your rights and remembering speeches made in the Open Forum, you tell the cop that your co-driver is off duty and only she can give turn over her log book. He says, "That's alright." and asks again, this time in a firm tone, "Let me see your co-driver's log book."

What are you going to do really?

What are your rights really, and how do you know for sure?

Notice in Tenneseahawk's thread, he quickly admitted to a crime (his words) when the officer asked him a question. Speeches are easily made in the Open Forum, but if you are serious, it would be wise to think through a variety of situations ahead of time and mentally rehearse what you will do. Otherwise, the cops, who are far more experienced in these kinds of interactions than you are, will have the advantage every time.

Reaction drills:

React to an officer's demand for your co-driver's log book.

React to an officer's demand to search your sleeper.

React to an officer's order for you and your co-driver to exit the truck.

React to an officer's questions about how you are feeling.

React to an officer's friendly questions about your truck that begin, "That's a beautiful truck...."

React to an officer who searches your cab without your permission.

React to an officer who says he is placing your truck out of service for 10 hours but writes nothing up (true story).

That was good. As I said in an earlier post, never talk to cops. Good video.
I was also asked at a scale about inspecting my cab. He also had a slick way of putting it. I told him politely "Sir the only way you will get in that cab is with a warrant or a drug dog". They must have probable cause to search anybody, period.

AMonger · Oct 28, 2011

I forget who it is, probably greg334, who points out, "you work in a regulated industry, so..."

AMonger · Oct 28, 2011

AMonger said:
I forget who it is, probably greg334, who points out, "you work in a regulated industry, so..."

Keep in mind, I'm not saying I agree with that. I'm just saying that twisted mindset is out there.

greg334 · Oct 28, 2011

Amonger, I say that to remind people that there are extra things that we have to deal with, no matter how stupid or asinine they are. I don't like three quarters of what I have to put up with but do it to get through this job. Today was no different, truck inspected (I mean INSPECTED) at the border because of the previous driver had an "issue" with Customs. I wasn't standing there jumping up and down telling them "I have rights" but said "alright go ahead but please just tell me what you want me to do". I was there an hour with their inspection.

With that said, I don't think anyone here has gone through sh*t when they refused anything that was reasonable. I don't think anyone has even approached going to the ACLU or getting a lawyer to talk about suing the cops, it isn't that easy which I bet will end up being something that would just either shortens a career on the road or brings more than one expects.

Dealing with one government agency over rights once in my life is bad enough, having to have a cop who can ruin my day by holding me for a level one and beating the crap out of me (violation wise) is something I want to avoid so I will cooperate because they have their training and their right to do all kinds of things to me with my truck, log, load and equipment. I guess it comes down to the idea that I am getting too d*mn old for crap with arrogant cops or government agencies to fight and want just to move along and get paid.

Tennesseahawk · Oct 28, 2011

purgoose10 said:
That was good. As I said in an earlier post, never talk to cops. Good video.
I was also asked at a scale about inspecting my cab. He also had a slick way of putting it. I told him politely "Sir the only way you will get in that cab is with a warrant or a drug dog". They must have probable cause to search anybody, period.

The video states it perfectly. "Sorry officer, I don't consent to searches."

Like ATeam said... practice it. It has nothing to do with a power trip with the po-po. It has everything to do with covering your arse! It may be the difference between hanging around for an extra hour, waiting for the drug dogs, and perhaps a broken PS2 (true story) or getting arrested for something you had no idea was against the law. There are tens of thousands of laws. We unknowingly break them everyday. Keep your mouth shut, keep your door locked, and give them only what is their business... paperwork dealing with your job.

I remember someone saying something about a DOT officer asking for the driver's Pilot rewards card, so he can double check the guy's fueling times in his logbook. Sorry, officer... not going to happen.

Streakn1 · Oct 29, 2011

cheri1122 said:
I'd probably comply. Because we all know that if the LEO decides to, he can really ruin your day. It may not be right, [or legal], and you may even be able to force him to admit it in a court of law, years later, but at what expense?
Having said that, there are days when principle seems more important than cost, and on those days, I might stand on my right to remain lying down.

Oh for me its not about the expense Cheri, rather going in for the kill that is priceless for me! As a deputy in Horseheads, NY once learned,get stupid with me and how one (attempts to) wrongly enforces the law, be prepared to be taken to the slaughterhouse (courthouse). In his case I (my attorney) bagged me a prize to hang on my wall!

If more drivers would grow some kahonies and take these rouge LEOs to court maybe they would get the message: DON"T MESS WITH A TRUCKER!!! Especially when I'm PMSing!

greg334 · Oct 29, 2011

You make me laugh Streak, I mean how many people can afford to go and fight some of this crap - not many. Even if your lawyer works for free, as mine has for a long time, the cost of these things including the travel adds up and not worth the fight.

I can think of a few situations that the present is more important than the future when trying to put on this mocho trucker stuff - some of it can ruin your career because of the time and money to get things corrected.

In all honesty, those cops can do a lot of damage to you by just following the rules. And the more "qualified" you are (TSA, TWIC, FAST and so on) and the more you specialize in specific freight, the more you have to lose.

skyraider · Oct 29, 2011

greg334 said:
You make me laugh Streak, I mean how many people can afford to go and fight some of this crap - not many. Even if your lawyer works for free, as mine has for a long time, the cost of these things including the travel adds up and not worth the fight.

I can think of a few situations that the present is more important than the future when trying to put on this mocho trucker stuff - some of it can ruin your career because of the time and money to get things corrected.

In all honesty, those cops can do a lot of damage to you by just following the rules. And the more "qualified" you are (TSA, TWIC, FAST and so on) and the more you specialize in specific freight, the more you have to lose.

Here is a truck inspection stop, check this out
Trucker Shoots Self BeforeRoadside Pot Bust | StoptheDrugWar.org

purgoose10 · Oct 29, 2011

Tennesseahawk said:
The video states it perfectly. "Sorry officer, I don't consent to searches."

Like ATeam said... practice it. It has nothing to do with a power trip with the po-po. It has everything to do with covering your arse! It may be the difference between hanging around for an extra hour, waiting for the drug dogs, and perhaps a broken PS2 (true story) or getting arrested for something you had no idea was against the law. There are tens of thousands of laws. We unknowingly break them everyday. Keep your mouth shut, keep your door locked, and give them only what is their business... paperwork dealing with your job.

I remember someone saying something about a DOT officer asking for the driver's Pilot rewards card, so he can double check the guy's fueling times in his logbook. Sorry, officer... not going to happen.

Your right again. I just don't trust cops. One bad one with a bag of coke in his pocket from the last bust and he decides he doesn't like your attitude, just drops it in your cab. What then, he's got you and there's not a thing you can do about it. If you happen to beat it in court, it's cost you several thousand dollars in attorneys and lost revenue and your contract being canceled. Oh boy what now?