Fifth Amendment Protection from Inspection?

Discussion in 'Trucker Legal Advice' started by Injun, Jan 14, 2012.

  1. Injun

    Injun Road Train Member

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    Uh, no. Check it out:

    http://www.virtualonlineeditions.co...ions.com/click_count.php?cid=26575446&i=94503
    I can't copy/paste the whole thing because of this infernal "smart" phone, but go to thetrucker.com, virtual edition, January 1-14, page 65 and read it for yourself if the link doesn't work. If someone else would like to copy/paste the entire article, I would be grateful.

    This thread is dedicated to Pedigreed Bulldog
     
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  3. Tazz

    Tazz Road Train Member

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    Bogus Form Will Only Raise The Ire (Or Laughter) Of Law Enforcement Officers

    EXCLUSIVE TO THE TRUCKER

    A driver sent in the following form and asked my opinion as to whether he should use it if he were stopped. I reproduce it exactly as I received it for your review. However, I caution you to read my statements following the form before you decide whether you wish to hand it to an officer of the law.

    START OF FORM
    14-1-618-271-1863
    U S Federal Marshall's Office
    (800) 336-0102

    Court Decision in Garner vs. U.S.A. and Miranda decision.

    How it applies to the situation below:

    The Fifth Amendment is not a self-incrimination amendment, and using it does not imply you are guilty of anything. The claim and exercise of a constitutional right cannot be converted into a crime (Miller v U. 230 F2d 486, 489) and (Where rights incurred by the constitution are involved, there can be no rulemaking or legislation which would abrogate them ' MIRANDA V. ARIZONA, 384 US 436, 491 - 1)

    In Garner vs. USA the court decided that the Fifth Amendment is an irrevocable, unchangeable right. It is not automatic self-incrimination, but rather your right to not give evidence or testimony about yourself on the chance that it might be used against you, in that, not even a judge knows all the laws, and ignorance of the law is no excuse.

    EXAMPLE

    A trucker is driving down the road and is stopped; the officer requests or demands his license, logbook, registration, fuel permits and bill of lading. According to the court decision and the Fifth Amendment, the trucker must show that all the times are in his possession, in accordance with federal laws; he does NOT have to let the officer examine the material except to show that he is licensed to drive that commercial vehicle.

    It would be advised to inform the officer that he has seen nothing illegal in plain view and he (the driver) is doing nothing illegal.
    Therefore, to examine the truck further, in search of some kind of violation so a citation can be issued, would be malicious and discriminatory harassment, interference with Private Enterprise and interference with Free Trade, undue delay of an ICC Interstate or Intrastate shipment and possibly a violation of Constitutional and / or Civil Rights by a government agency, such as we had by Los Angeles, California area officers.

    It might also be advised to inform the officer that taking the information under threat or duress, or searching the truck without sufficient cause without a warrant or a "John Doe" warrant, is an illegal warrant, an illegal search and seizure, and any charges resulting from such actions by the officer(s) will be litigated in federal district court and dismissed as a violation of the driver's Fifth Amendment Rights, not to be required to give any evidence, verbal or physical, that would tend to degrade or incriminate him. Also, the officer(s) could possibly be sued, civilly and criminally in his/her personal and professional capacity.

    PROCLAMATION

    I THE DRIVER DO state and proclaim to any federal, state, or local government official that before any exchange of legal documents requested or demanded by such official occurs, that official shall have read, understood signed and dated this instrument.

    1. The official will be shown all legal documentation that is in my possession.

    2. Legal documents signed with my signature cannot be examined because they may be used against me in court, being causation of the act of self-incrimination.

    3. Official understands that the above applies to the drivers Fifth Amendment rights.

    Both the driver and official sign and date this proclamation below.

    END OF FORM

    The driver who gave me the above form would have fallen victim to a cruel hoax being played on professional drivers if he had presented it to an officer. A form similar to the one above, shows the case of Garner vs. United States, 424 U.S. 648 (1976) as standing for the proposition that you don't have to surrender your logbook. The theory is that you violate your Fifth Amendment rights by giving your personal papers that may incriminate you.

    My advice is: Don't use this theory with an officer. Let me tell you a little story about a brand new driver on his first load. He had given the officer one of the above forms, or at least one very similar, at a scale in Missouri. The officer was allowing him to call me because he was about to take him to jail. This trucker was just about in tears when he called me and scared out of his wits.

    After speaking with the driver and getting his side of the story I was able to speak with the officer. About 10 minutes of discussing the matter with the officer, he agreed to forget the trip to jail and allow the driver to be put out-of-service until his logbook was caught up. We both had a good laugh.

    As an attorney, take my word that Garner was a tax case filed in 1973 that determined the tax records are written and as such are not protected by the Fifth Amendment. Furthermore, the Supreme Court has ruled that your Fifth Amendment rights only apply to spoken words not written documents that may be in your possession or held information that may incriminate you.

    You should always follow company policy about providing your logbook to officers as well as searches of your truck. However, you should know that you do have the right to remain silent and you do have the right to refuse to testify if that testimony will tend to incriminate you in criminal matters.

    Jim C. Klepper is president of Interstate Trucker Ltd., a law firm dedicated to legal defense of the nation's commercial drivers. A former prosecutor, he is also a registered pharmacist with considerable experience in alcoho land drug-related cases. He works to answer your legal questions about trucking and life over-the-road and has his CDL.
     
    Last edited by a moderator: Jan 14, 2012
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  4. Injun

    Injun Road Train Member

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    Thanks, Tazz...that's what I was trying to do. :thumbup:
     
  5. Tazz

    Tazz Road Train Member

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  6. 07-379Pete

    07-379Pete Crusty Commando-Pete

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    This same crap was around when I first started driving, hasn't changed vary much.

    This reminds me, I got some chain letters to mail out.:biggrin_25523:
     
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  7. 7122894003481

    7122894003481 Bobtail Member

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    It doesnt even matter anyways. None of the amendments to the US Constitution are honored anymore.
     
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  8. scottied67

    scottied67 Road Train Member

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    The rumors still fly. A couple months back in TheTrucker newpaper, letters to the editor section a driver inserted that drivers were being ticketed in Arizona for not having white sheets in the sleeper lol.
     
  9. ttnae

    ttnae Light Load Member

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    I'm reading this because I was recently told that the driver refused to assist with the physical inspection of the truck. I dont know it it's TRUE but it wouldn't seem to be worth the risk.
     
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