DOT right to search without prob. cause??

Discussion in 'Trucker Legal Advice' started by newbee NC, Sep 10, 2007.

  1. Pur48Ted

    Pur48Ted Road Train Member

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    IF a Law Enforcement breaks the seal on your trailer, he (BY LAW) is required to SIGN (the shipping document, your log book or other document) that HE BROKE THE SEAL (with his NAME, AGENCY and Badge No.), he is also required to provide you with a NEW seal and note the NEW SEAL number on the same document.
    IF he refuses YOU have the right to call HIS Superior and explain the situation.
    Our Company ALSO hauls "sensitive" freight and we have been instructed to allow inspection ONLY AFTER calling the company (or the SHIPPER), giving our location, Agency involved and identifying information of the Officer(s).
     
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  2. shredfit1

    shredfit1 Road Train Member

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    Very interesting thread...

    I recall a friend hauling sensative cagro for the U.S. Postal service. He was told that if any seals were broken... he would be arrested immediately. He was NOT told what he was carrying.

    With his luck, he was stopped and asked to open up by an LEO. He explained that he could not. Of course, that made the LEO want him to break the seals even more.

    He called the Post Master of the destination city(Omaha if I recall) and He said NO! Under no circumstances open that truck. Again, the LEO wanted to see the cargo even more... The post master then told the LEO that they had to wait for him to get there with a U.S. Marshall, as both had to be present to break the seal...

    Instead, the Post Master called his superior, which then, called the Governor of the state holding the Postal load(left out to protect the idiotic)...

    The Governor called the officer and the trucker was on his way(all this in about 2 hours)... no inspection required... anymore?

    Just what was this sensitive cargo? He still doesn't know... but suspects it was either vote tally machines or finished ballots... maybe both.
     
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  3. notarps4me

    notarps4me Road Train Member

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    Some loads have chase cars. Military loads that are followed.
     
  4. Native Dancer

    Native Dancer Heavy Load Member

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    Passport, TWIC card.
     
  5. uhoh

    uhoh Bobtail Member

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    Dude, you need to get over yourself. How in the world would you know what we carry? Upon a stop.. the LEO has a right to investigate as to the compliance of the drive. This means to see if the driver and equipment meet standards. Does not mean to go on a search and destroy mission. The LEO is allowed to climb into the truck and look for compliance.. example.. to see if the bunk meets the requirement to be able to log line 2. Once in the truck he can NOT legally open any draw, door, etc. That would be an illegal search.. He can look and see what is in plain sight, once a suspect item is seen, example empty beer can, he NOW has the right to search. The beer can gave hiw his proable cause. For you see there " Mr. Retired Fed" I too was in law enforcement for many years.. So before you blow smoke.. make sure whose skirt you are looking up.
     
  6. AfterShock

    AfterShock Road Train Member

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    Dude, you need to get over yourself.
    If you're seein' smoke comin' from under your skirt,
    it just might indicate there's a fire up under thar.
    Because that's probably probable cause for Smokey
    Bear to investigate the origin of said smoke blown, and
    anything suspicious found could be considered evidence
    against a driver emitting smoke, it'd be a good idea to
    keep a charged fire extinguisher handy at all times.

    I noticed you make mention that you too, were "in law enforcement for many years"......... so I don't doubt your smoke blowin' ability. But I wonder why anyone would quit smokin' a better payin' career with superior benefits to go Big truck truckin', --- a vocation generally considered to be attractive to low-brow types lacking the mental capacity to comprehend smoke signals blowin' in the wind.
     
  7. shredfit1

    shredfit1 Road Train Member

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    Implied consent is a cleverly worded locution designed to tiptoe around someone's constitutional rights.

    If a LEO askes to search, ask if your being detained or arrested... If so, politely say you would like to speak to your attorney. Say nothing more.
     
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  8. snake021

    snake021 Bobtail Member

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    WTF!?

    Instead of giving blanket "CFR" statements, why don't you give the exact regulation that says you(they) have the authority to search your personal belongings? Give the statute that a safe doesn't belong in a truck. You can't, because it isn't there. You don't even know the difference between PC and RS.
     
  9. Powder Joints

    Powder Joints Subjective Prognosticator

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    I have had DOT break seal's, the officer signed the bill of laden for the seal change. Badge number and name for opening the trailer and also again for resealing the trailer.

    As long as they sign for the seal why would you care. He has the gun and the ticket book why argue or a situation that really don't matter.
     
  10. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    Actually the idea of a cop planting evidence is not far fetched. There are rogue POS cops the same as there are POS civilians.

    Case in point, comes from my state I'm ashamed to say.
    http://www.foxnews.com/story/0,2933,576153,00.html

    This scum bag cop was planning on committing 2 murders that night. For unknown reasons he didn't carry thru.

    To think that the idea is far fetched and would never happen today is almost laughable.
     
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