truck search by police
Discussion in 'Questions From New Drivers' started by droflex, Apr 29, 2013.
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brsims, Rusty Trawler, NavigatorWife and 1 other person Thank this.
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I considered the question carefully.
School stories are leaving room for a variety of scenarios.
Police look over the sleeper but they don't rummage or get into anything, because they know there isnt anything overt going on to give them reason to. But they will look over the space. There were times Im in that sleeper getting my zzz's and not properly parked, Mr Police man with many other police with big lights and nightsticks beat on the cab until I greet them and get told to move this crate or get a summons etc. So I move it. That's about the worst of it.
I have had that cab inspected twice in my entire life. And only twice. The trailer and it's contents once. (That was a roadside drug search when they found out the load of cut flowers came out of mexico and phoenix area. near chicago as a interdiction. But they did not touch that tractor when the dog did not alert.
Canada Customs and also United States will want to take a look inside that trailer, empty. Open door and see.
I would not worry too much about inspections that are invasive etc. Generally we were not the threat or the source of trouble. And the amount of inspections physically around and inside the tractor was very few in my entire life time out there. Logs? sure. Bills of lading? Certainly. Tickets? Weight? Sure... but scary invasion etc just does not happen.Lepton1 Thanks this. -
Expense receipts related to On Duty/Not Driving (meals, lodging, fuel, etc).
I get a copy of my fuel receipts. But why on Earth would I be ON DUTY when purchasing food or checking into a hotel?
MachoCyclone, NavigatorWife, Rusty Trawler and 1 other person Thank this. -
Wow just a load of misinformation.
1 - the truck is made up of two parts, the cab and the sleeper, if it doesn't have a sleeper than the truck is just a cab.
2 - a dot enforcement officer DOES NOT HAVE TO GIVE A REASON TO PULL A TRUCK OVER - PERIOD. He can use an excuse but doesn't have to give one to you. He can do an inspection for no reason at all and he can look in the cab and inspect it, including the contents of the cab because that is considered a work space.
3 - the sleeper is off limits to him except to see if there is bedding, a proper mattress and safety restraints, everything else is off limits. With the standards they have in the industry, this is really just fishing for something.
4 - while you are under 4th amendment protections for personal stuff in the sleeper, don't try to argue with any officer about it, they won't care and they will allow this to go places you don't want to go. Especially with the cab being searched, just don't say anything. A side-note - Moose, Carney doesn't apply to federally regulated activities, so the cab is not covered, it is as I said considered a work place and technically the entire truck is a regulated piece of equipment and subject to a full search without permission, but it seems to be held that the sleeper is part of personal space.
5 - Customs can and will go into the sleeper, there is no protections there and don't think they can't take everything out, go through your property and leave it on the ground - they can. They can even do this within 100 miles of an international border if they want.
6 - You have to have supporting documents but the FMCSA does not say when you have to produce them. If you get a log violation for say fueling, it does not mean that you have to produce the supporting documents to that cop but to the court. I run almost everything electronic and other than fuel/repairs, I don't expect my drivers to keep receipts any more. So if they need one for proof, the drivers are hard pressed to get it to them when they are on the side of the road. We've already dealt with this in Utah on the issue of paper logs and elogs, the cop wanted us to produce a paper version of the log, and I told him on the phone hell no, I called up his superiors and told them what was going on and he was told to release the truck after holding the driver up for a fax of paper log that didn't exist.
7 - just be polite, keep your truck clean and do the best you can not to be a target. You run a risk of being a target for a DOT inspection but the more you do to make it a quick thing, the less hassle you have to deal with.NavigatorWife, x1Heavy, Rusty Trawler and 1 other person Thank this. -
I remember the issue that was the straw that broke the camels back, in Tennessee. OOIDA filed a lawsuit and won against DOT in Tennessee and it turned out Tennessee was the most corrupt state in the USA concerning commercial trucks. Those DOT officers would open a refrigerator and remove everything, then separate each slice of lunch meat and each slice of cheese, and the excuse was that the drivers could hide drugs between the slices. This sounds like a fairy tale, but it's true.
When this was going on, the head of the DOT was Keith Bissell. He sent officers to Tennessee trucking companies offices to solicit re-election campaign money, even though it's illegal to do this. If the trucking company contributed, those trucks would not be inspected or given tickets of any kind, including speeding tickets. A large contribution would buy a clean inspection and no tickets.
The reason he did this is because at the time, any money left over after an election campaign could legally be kept by the person running for office. This clown would aggressively solicit money, then only spend a little of it, knowing the rest would be his for his personal bank account after the election was over.
"Keith Bissell was first elected to statewide office as a member of the Tennessee Public Service Commission (PSC) in 1978, representing East Tennessee.[5] He won re-election in 1984 and 1990 and served on the PSC for over 17 years, until resigning May 10, 1996, shortly before the PSC's abolition at the end of June 1996.[6] During most of his PSC tenure, he was chairman of the three-member commission."
Sure, he resigned. It was the only way to stay out of prison. He cut a deal.Last edited: Aug 5, 2017
lilillill, wore out, NavigatorWife and 3 others Thank this. -
I must emphasize that the United States declared our lower 48 state home land a battlefield some years ago in the ongoing war since 9-11. one of the first acts after that declaration is to raise a formal 100 mile border free zone around the interior of our entire united states.
That means if you are within 100 miles of a United States border inside these USA... you DO NOT... I repeat... DO NOT have constitutional protections. (Note I said PROTECTIONS, NOT RIGHTS....) against US Customs activity. They will do whatever it becomes necessary at any time. You and any bleating you might make does not matter.NavigatorWife Thanks this. -
How is sleeping in a hotel or eating a meal inside a T/S considered "on duty-not driving?" Isn't it off duty?
MachoCyclone and Rusty Trawler Thank this. -
It is to me
I really don't what's gonna happen when it goes into effect
Probably nothing
But it's a reason to go through your stuff
On the premise that you're hiding supporting documents that wouldn't line up with your logs
That's what az is doing -
The guy I know that got searched in Douglas said the dot guy climbed in the cab and said, "where are you hiding the beer and drugs?"
Then the dot went through everything, every drawer, clothes, even his guitar case
Driver said, "I told you I don't have any liquor or drugs"
Dot said, "I'm looking for receipts, supporting documents"
The dot threatened to write him up for not having any food receipts.
Honest to God
A few months ago -
There are 2 scales in Douglas
Can't avoid them both
And might hit both of them twice going in and out
The one on 80 west of town isn't too bad but almost always you have to show them all papers
The one north of town on 191 is another animal
Expect the worse
I hate Douglas
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