Can DOT officers bother you at a truck stop?

I completely agree with the posts that note that LEO's can't make you go On Duty in order to conduct an inspection. However, one thing we need to bear in mind is that while we as truckers may look upon our own cab as our private home, the law looks at it differently. Since we are in a "highly regulated industry" LEO's do have the right to conduct inspections. This is similar to a person that lives aboard a boat, they are subject to being boarded and inspected by the Coast Guard at any time, since boating is also highly regulated. Boaters don't have the protection of HOS, so indeed the CG can and does wake up boaters to conduct inspections (although this is rare).

Know the law. Know your rights. Within reason allow inspections and comply with all directions of LEO's unless it will interfere with your Sleeper Berth or Off Duty time when parked on private property.

 

I was reading in another web site, and I thought would be appropriate to share in here:

Question: Can a DOT officer or, for that matter, any trooper, require you to submit to a DOT inspection while you’re off-duty or in the sleeper? Having to submit to an inspection, which has to be documented in your logbook, can totally mess up a 34-hour reset or the 10-hour off-duty time. Thanks – Dave in Idaho
Answer: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: In doing the radio shows and answering e-mail questions for almost 10 years, this question always comes up. I tell everyone, do not argue with the person wearing a badge and a gun. But, a lot is going to depend on where you are parked. A lot of drivers like to park in locations that are prohibitive, like on an exit ramp or entrance ramp, or in rest areas that do not allow overnight parking or are not designed for truck-tractor and semi-trailers. If you park in these types of locations, then there’s a good chance you are going to be woke up and Law Enforcement may subject you to an inspection prior to telling you to move on. Now, if you are parked in a truck stop or rest area that is designed to allow a truck-tractor and semi-trailer to park, without a limit of how long you can park, chances are you are not going to be bothered. To answer your question, yes it will interrupt your rest break if you are subjected to a roadside inspection.

 

I think, though, the main thrust of this has been involving parking on private property, such as truck stops. A rest area, even if designed for semi trucks would not be construed as private property, but public property. The situation is different. True, it is not normal for one to get woke up and inspected at such a location, but it could happen. At such point, I would let them do what they feel they need to do, as Trooper Dial stated, in that they have the gun and the badge. But I would also be in touch with my attorney as to whether a harassment suit would be an option. If the LEO is professional and does not have an attitude, I would probably just deal with it and have to eat the disruption on the logs. If he is a real piece of work, I would be making the call to Caldwell, Caldwell, and Brierly, my attorney. One could argue that you cannot do anything legally against a government agency, but you can file an action against an individual, even if they represent that agency. Depends on your resolve to go that direction. In most cases, you are going to have to mumble under your breath and deal with it. Then after it is over, and the LEO has left, you can invent new swear words to call him.

On private property, irregardless of what the vehicle is used for commercial purposes, unless the LEO has probable cause that the vehicle and the occupant have been involved in illegal activity, they have no standing to conduct searches without permission or a warrant. Commercial vehicle has nothing to do with it. Yes, that would include a truck stop, as it is not public property. You are there at the generosity of the truck stop and they can ask you to leave any time they want. That is the standard for private property rights. They can even request that any LEO leave just as easy unless certain legal criteria are met. Slam dunk for an L1 law student.

 

Ha ha..It is so hard to find some of the bears that would be a Nice Professional. They all think they are better than anybody else. - I have a friend who is a LEO and he said that we ought to know our rights, we need to read the laws and regulations and just have a nice "lawful" conversation with the SmartDummy one.

 

I am a former Ohio State Trooper and now a truck driver.. search and siezure laws are very clear. Without probable cause or your consent a search would be deemed illegal and any evidence obtained in such a search would be inadmisable in court.
However.. if a K9 unit gave a hit on a vehicle that would be probable cause.

Had your vehicle been stopped while moving down the highway an officer may also search the lunge area of the driver and all passengers for weapons. Any contrband found during this search would be admisable in court.

 

Out of all the LEO's I have dealt with over the years, Only a couple have had an attitude. Sure, the majority are not all smiley and friendly, but they are not acting like grade A morons. They are just straight forward, to the point. And I am not looking for someone I would like to invite over for a barbecue. I realize that the encounter is going to be an adversarial situation. My guard will be up during the process, just as his will be. I will not give him anything that he can use by having friendly chats with him. I will not be confrontational, I will be understanding that he has a job to do, but I also have rights that come into play. I do not have to say or do anything that might incriminate me. I will always, legally, refuse any search of my property. A vehicle inspection in accordance with FMCSA guidelines is not the same thing. Even an in cab inspection. He may be able to inspect that my equipment is working or that my bunk meets the minimum standard for length per FMCSA, but he is not allowed to rummage thru my cabinets, bags, and personal effects without a search warrant or permission. They can't conduct an unlawful search, legally, by using FMCSA regulations as a leverage to gain access to the vehicle for another purpose. Anything I may have in my cabinets or personal belongings is subject to the Fair View rule of probable cause. I do not have to tell them where I was, what route I took, etc. That is all on the logs and they can view them. That is the only thing I am required to give them. I am not required to talk with them about anything not related to commercial activity without the presence of legal counsel. Documentation that is FMCSA related, sure.

 

I think if the incentive were removed, the incentive being revenue for the state's coffers, if the money for the fines went to the federal government instead of the state government, that a lot of the fishing expeditions would cease and the emphasis would be on ensuring safety, instead of looking/fishing for money.

 

Why did you change careers? Just curious.

I once had (when I was young and dumb) a "friendly chat" with DOT in Florida and got off with a warning. That officer was pretty cool. We both talked why we got into the industry we're in, and for the same reasons, we just love to be on the highway driving.

Would be awesome to get more advice from a former State Trooper how to react to these situations, or what our rights are. I'm sure its not knowing in advance what is legal or illegal, and how you should respond, or what your rights are, is how some drivers get into trouble.

Seems it doesn't matter if the officer is breaking the law or not, need to comply with them peacefully and take it up in court later if need be. Continue to assert that you do not consent to search, ask if you are being detained, are you free to go, and you don't answer questions (no friendly chats).

So you have to answer the door when your sleeping. I heard sitting on the driver seat behind the wheel is automatically on duty, so get out on the passenger side where they can't force you on duty, is that true? And what if you tell the officer through the window your off duty, and they still demand you step outside for inspection?

If you step outside, and lock the door behind you, what do you do if the officer demands to search the vehicle, even after you've told him that you don't give consent? Do you unlock the door for him anyways while verbally telling him that you don't give consent? I heard some where that leaving your door unlocked or open is an indirect way of giving consent.

I've seen lot of videos on YouTube of people dealing with police. Seems the majority of people that got beat up, tasered, killed, arrested, were actually doing something to justify the officers actions, such as not immediately complying with orders, or taking 1-2 steps back. Seems best thing you can do is not turn away, not walk away, and comply with every order immediately and peacefully.

Other YouTube videos of people demonstrating their rights, constantly repeating to the officer "I don't answer questions", "Am I being detained", "Am I free to go", "I do not consent to a search", sometimes while rolling their window down only 1/4 to 1/2 way which pisses off the officer but seems they can't do much about that. Seen several videos where people refuse to pull over to secondary areas during road block cause the officer didn't have probably cause, so the driver just keeps asking if they are free to go until the officer caves in, or calls for backup and his boss sets him strait and lets the driver go. Seems in the majority of those videos, after much threats from the officers and frustration, they eventually give up and just let the driver go.

I've always been interested how to stay out of trouble, and not push the limits into getting arrested or any tickets. How much can we assert our rights without getting into trouble? The readers here should search on YouTube for these police videos, has some good information.

Another thing I'm curious, after learning our rights with police and driving a car, how does it become different with a commercial vehicle? Do truckers in commercial vehicles have different or fewer rights simple cause of the nature of being in a commercial vehicle?

Thanks for your post tow614, any and all advice definitely welcome

Here are 2 videos off YouTube that could save you some day from ticket or arrest:

10 Rules for Dealing with Police (Full-Length)
https://www.youtube.com/watch?v=s4nQ_mFJV4I

Dont Talk to Police
https://www.youtube.com/watch?v=6wXkI4t7nuc

There are many more videos like this on YouTube that you can search for, such as traffic stops, boarder patrol road blocks, and cops at your house without a warrant.

 

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I prefer these attorneys for all my cases.