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).
DOT right to search without prob. cause??
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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.AfterShock Thanks this.
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.
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.sodbuster03 Thanks this.
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.
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.
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.
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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