Do you have any weapons ?

Discussion in 'Experienced Truckers' Advice' started by Atlanta trucker, Apr 26, 2018.

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  1. not4hire

    not4hire Road Train Member

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    OMG, I am such a rebellious law-breaker. I slept on a foam camping pad about an inch thick... my back loved me for it.
     
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  3. tscottme

    tscottme Road Train Member

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    Don't ask. Don't tell is a good policy.
     
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  4. Brickwall

    Brickwall Light Load Member

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    I just lost it. Lol
     
  5. mover man

    mover man Road Train Member

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    Get bored much?? Really tell us the story of your life.
     
  6. x1Heavy

    x1Heavy Road Train Member

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    Tell us the joys of the ignore list.

    It is good not to say anything bad when you are really bored.
     
  7. win-some-loose-less

    win-some-loose-less Medium Load Member

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    Yes or no guys.. why is this even a debate? You want to get smart with a officer that’s on you.. play stupid games win stupid prizes.. of course there are a few d-bags with badges but most of these guys are there just to do a job and kindness and courtesy goes a long way.. but then again who am I kidding, courtesy is hard to come by these days in the trucking world.
     
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  8. Ken S LaTrans

    Ken S LaTrans Bobtail Member

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    I retired last year from 30 years with a major city department. There are a couple of things you need to understand. First...if you are being pulled over, the officer must have probable cause (this is elevated from reasonable suspicion)...in other words you must have committed and infraction as his/her reason for doing so and they must be able to articulate it.

    Speeding
    Illegal lane change
    Defective/Faulty equipment

    So...that specific reason is the "why" of the contact.

    If they ask if you have any "drugs or weapons" on you, since you know there is NO way that they could have reasonable suspicion or the elevated probable cause to believe that you do, then you are on solid ground and the best answer is "Why would you even ask that?".

    This places them in the position of having to articulate the specific reason why they would have a reason to believe that you did. We already covered the fact that they don't won't have it, and they are just fishing.

    "Well, I ask everyone that because of officer safety".

    "Oh, okay. I understand. Well, I don't have anything that would compromise your safety. Why did you pull me over?"

    "Do you have any drugs or weapons on you?"

    "Officer, with all due respect, I have already answered that. I am working, and I need to know why you pulled me over, or if I am being detained for a reason".

    "I need to search your truck".

    "I am sorry officer. You haven't given me a reason for the stop, let alone a reason why you have probable cause to legally search me or my truck...so I will specifically decline and refuse to consent to any search of my person, vehicle, or belongings. Please issue me my citation so I can be on my way".

    "Well, when someone refuses to let me search them, they usually have drugs, weapons, or some other illegal XYZ, so why not let me search just so I know you're okay?".

    "Once again officer, I told you. I have nothing illegal on my person, or in my truck. I do not consent to any search of any kind. If I am not under arrest, then I will be on my way. You have detained me beyond a reasonable interval to have issued me a citation, so I am asking once again...am I under arrest?"

    "Uhhhh.....I can get a drug dog".

    "Fine you can do that if you like, but you should also know that I plan to lodge a complaint with your supervisor, so again I will ask you for the last time...what is your specific probable cause to warrant a search and why am I being unreasonably detained?"

    Note: This will buy you a ticket for whatever he/she can legally write you for, but it will also prevent a search if you are in a no carry state. You have not outright lied...you merely stated you have nothing that would compromise their safety. If you are in a carry, or CCW reciprocity state, then you're golden.

    It would also be a VERY good idea to have a go-pro or a dash cam that will get a video/audio record of the contact. You do NOT have to turn it off on the officer's instruction, nor do you have to surrender your phone (this comes under 4th Amendment protection against illegal search and seizure and they MUST articulate a specific probable cause and what they specific evidence of a crime YOU have committed for taking your personal property, and there is none. You have a reasonable expectation of privacy and a search of your device on a fishing expedition is NOT legal without probable cause, or warrant.

    I have already thought a lot about carrying while driving. I have carried on and off duty for 30 years. My CCW is good in all 50 states under HR218/LEOSA as an honorably retired officer...so I will carry absolutely. I will also carry my RETIRED credentials, but I will also admit nothing and allow no searches.

    ******BUT...be sure of the CCW laws in the jurisdiction you're in. Some places have a Duty To Inform, where you MUST inform an officer proactively if you are carrying or that in and of itself is a crime****
     
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  9. laaylor

    laaylor Road Train Member

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    Lol! :)
     
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  10. TripleSix

    TripleSix God of Roads

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    I don’t know if you want to mention your 50 state CCW to a prospective company because most companies do have lame brain company policies
    1. Are written with all drivers on a level playing field with the most moronic member at the company. Basically the company policies outlaw chewing gum so that idiots who can’t safely walk and chew gum at the same time won’t be able to do anything to get hurt or hurt someone else.
    2. That are against guns and personal protection. I would just worry about the legal ends, because if and when SHTF, you will always be able to get another job. In fact, you and your team mate should look into getting into one of those gigs where you haulloads that require one of you to stay with the truck at all times. Like ammunition.
     
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  11. Fold_Moiler

    Fold_Moiler Road Train Member

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    Never had a dot ask me that.

    Cop came to my door once when I was sleeping saw a gun and didn’t even mention it. Some douche called the police on me because I wasn’t in a real spot, I also wasn’t blocking him.

    Anyways I’d say no regardless if I did or not. Why open up that can of worms?
     
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