Flaw in the Split Sleeper Berth Rule

Let's clear up something. Miranda rights don't apply until you are arrested. So while you have the 5th amendment. That doesn't stop them from being able to hound you with questions after you say your "lawyer" line. They are not denying your civil rights. The few that "stopped cold." Obviously didn't know that.

 

Yes, lets clear up something, YOU HAVE ALL YOUR CONSTITUTIONAL RIGHTS ALL THE TIME. You dont have to be "under arrest"... Jesus...

Once you say "Lawyer" the questions HAVE TO cease. That is the law. You seriously dont know that? My God.......

Edit: I googled "can police keep questioning after you ask for a lawyer and this is what I got
Police are required to stop their interrogation at the time you ask for an attorney, and cannot question you further until you have an attorney present. You must clearly communicate that you are asking for an attorney and that you do not wish to be questioned anymore.

So next time, do a little research before you give incorrect info. And no, it doesnt matter if its a traffic stop or a murder investigation. Your rights are your rights no matter how serious or minor the offense is.

 

Like I said, screw your tin hat on a little tighter...

6 of my 12 years in the army were in the 3rd infantry regiment. That unit, in addition to other duties, guards the physical document of the US Constitution. Ive had occasion to read it...

Pity you havent...

For someone that supposedly "follows the rules", you sure dont seem to even know what they are...

 

For someone who claims to follow the rules, you sure don't know much about them.

No, you DO NOT have to speak to police. Your right to remain silent begins the moment he walks up to your vehicle. He asks you a question about your logbook, you state, as the previous forum member stated, "I will not speak about my logbook without a lawyer." You are PLEADING THE 5TH AMENDMENT. This does NOT make you guilty. This makes you SMART. Why? Because ANYTHING YOU SAY CAN AND WILL BE HELD AGAINST YOU IN A COURT OF LAW. Notice, it doesn't say "can help you in a court of law." If you say anything, it can be used to bury you. Don't believe me? Watch this video of a law school professor on this very topic. This guy is PHENOMINAL.

And yes, THAT WILL stop them from questioning you. If they do not, they are violating the law and the entire case will be thrown out of court. The few that "stopped cold" knew the law.

You REALLY need to watch this video:



You also should watch the youtube channel "Audit the audit" where police and citizen interactions are reviewed. NUMEROUS times the guy says "Had he exercised his right to remain silent, he wouldn't have been arrested."

Also, NEVER EVER allow a search of your vehicle without a warrant. If they want to, make it clear you do not consent. Why? Because what they find during a search without a warrant and without your consent cannot be used against you in court if they don't have probable cause. Simply telling them they can't search your vehicle without a warrant is NOT probable cause. Their was a cop in Florida, I believe, who was busted PLANTING evidence into peoples cars who consented to searches. He arrested HUNDREDS before he got caught. Anything found in a vehicle during a consensual search is automatically fair game to arrest you for. He is now doing prison time. If they have no reason to search your vehicle, then if they ask if they can, politely refuse.

Don't think ANY cop is your friend. They have a job to do, and it ain't to make your life easier.

 

I do watch those audit the audits, and the vid you enclosed is one of my all time favs. Esp when the cop has his say and stands up and says "right, NEVER talk to the cops"...

Also, its interesting but NOTHING you say can be used FOR you in court. Itsnt that interesting. It is considered hearsay. But if its against you, its a confessiion.

NEVER EVER answer any questions ever for any reason. Even if at an accident it wasnt your fault. You might say something by accident that could cast some doubt. Thats why your insurance co has lawyers. Let them earn your money.

 

I learned long ago, it's better to be polite and cooperative, then waste all day or all night while they either get a warrant, or make my life hell, and if they want to be pricks about it, they can simply say "ok driver, in my opinion you've falsified this here log, that's an automatic OOS and a citation for you, sign here", or maybe they decide to do a level one, and three of your brakes happen to be out of adjustment by 1/16th of an inch, so now you're even more OOS.

 

And "cooperating" gets you out of an OOS situation how?

To get a warrant, they need probable cause. If they had probable cause to begin with, they wouldnt ask, they would just get the warrant. Then again, you would already know if you had something they would find in a search and if you do, then again, why cooperate? They got you, right? They can not keep you longer than the time for a normal traffic stop. If they do, anything they DO find is inadmissible, unless they have your consent in which case they can keep you as long as they want. I let a Kansas trooper search my car once. An hour and a half later I was back on the road and all I had in it was an overnight bag. Never again. I encourage you to watch some of those "audit the audit" videos, you learn alot. And its all backed up by case law. No need for me to explain when 5 mins of watching it will prove what I am saying...

I have had that very situation come up where they made me follow them to a scale, while they broke out the creeper. I passed. My company LIKES passed inspections. Win win. If you dont keep your truck up to snuff, then cooperate all you want. I dont care. But any lawyer or cop in the world would tell you not to talk to police. Be polite yes, but dont surrender your rights.

But God gave you free will, so by all means you do what you want to do...

Got my CDL in 1984. My last ticket was in May of 2004. I probably should have fought it, but I didnt want to have to go back to Indiana. I would have won though. Last one before that was Jul 1999 in Iowa. I deserved that one...

Heres an example:


From the video at the 11:54 mark: "This is a perfect example of why criminal defense lawyers advise clints to not talk to police"

 

I think if you find yourself in a situation where the police want to question you about something and you don’t wanna answer, you have to understand, that you’re going to trigger a personal side of them and their professionalism often leaves the scene. You have to understand that nine times out of 10 when they’re questioning you they’ve already made up their mind that you did something. They just want to hear it slip out of your lips accidentally. They can lie to you, act like your best friend, or tell you anything they think you want to hear to get you to talk.

If you wanna talk, go right on ahead. But it usually does more harm than good.

It’s important that you explain to them that you’re choosing to be quiet and not cooperate is nothing personal. You’re an American citizen and it is your right to keep your mouth shut and you’re exercising it. Don’t be confrontational, don’t be insulting, and don’t try to act like you’re a lawyer.
What usually happens is people act like smart Alec’s and then the cops end up harassing you. And yes they break the rules.

 

Ok, you choose to be silent, and not talk to them, that's your right. Now, the officer has two choices, he can say "screw it" and let you go, or, he can play tough guy and simply place you OOS for 10 or 34 hours, now what? Maybe he has further suspicion so they order you OOS, and decide to impound your truck. Now what, you miss your delivery appointment, you miss your pickup appointment, maybe you miss your start of vacation time, maybe you lose your job. Imagine calling your boss and tell them "hey I refused to answer a simple question from a state trooper, and demanded to speak to a lawyer, they seized the truck and impounded it, and are now getting a warrant to search the truck and my logs, what do I do?" What has better odds, you boss says "hold on while I call a lawyer to help you" or clear your stuff out of the truck, you're fired. Or maybe you're an O/O, they've now seized your truck, it's going to be $10,000 to get it out of impound, do you have $10,000 floating around to get your truck out of impound, and another $10,000 to hire a lawyer to fight the ticket or fight the impound charge?

October of 2000, on my way to load at Barrett's Minerals, Dillon, Mt., there used to be a scale just inside Montana on 15, forget the town. I'd left Idaho Falls 2 hours early on my break, simply because I couldn't sleep. Rolled through the Sage, Idaho scale with no problem, but hit that Montana scale, pulled me, asked to see my logbook and paperwork. I told him I was empty, but I'd go get my log. Brought it in, he glanced at it, could tell right away there was a problem, I'd logged more sleeper than I really did, and here I was standing in front of him two hours early. He phrased it simple, I could be straight with him and it's be easy, or I could be a jerk, and it would go hard. If I was straight with him, he'd simply park me for two hours, then turn me loose, or I could lie to him and he'd park me for the full 10 hrs and cite me for a falsified log book, my choice. I explained to him what was up, he smiled, handed two orange OOS cards, one went in the front window, the other wedged on the drivers door window, unless I was using the restroom, he expected me to stay in the truck, preferably taking a nap, he'd come get me when the two hours was up, and he held onto my log book. Now, I suppose I could take your way and demand a lawyer, and I'm sure he would have been fine with that, put me OOS for 10 hrs, then write me up for a falsified log book. I'm sure the judge would be lenient with me.

You said above you got a ticket in Indiana and decided to not go back to fight it, if I felt as strongly as you that I could win, #### straight I'd be standing on the court house steps in my best suit, ready to fight. Oh, wait, I have done that, seven times (I'm currently 4 for 7 in wins), got a ticket in Texas for an accident that wasn't my fault, I got caught up in it with 3 other vehicles, Texas law stated that I must be cited because I rearended one of the vehicles, despite making every effort to stop, I said that's BS, I'm not going to take the 4 points and $500 fine, instead I took 3 days off work, drove 1,200 miles at my own expense, and showed up in court, oh, and I hired a lawyer, the judge agreed with my lawyer and dismissed the charge, by getting that ticket dismissed it also made our insurance companies job easier to make the case for, and settle for $5,000 vs $250,000, but I didn't know about that part until months later.

LOL, "audit the audit" or similar groups, you ever look into the background of many of the people who do those videos? What motivates them, I have, there's a guy here in Colorado named Trevor Glenn, he and a band of trolls do this stuff, it started from a run-in he had with a cop as a teenager, the charges against him were dismissed on a technicality, but he and his mom couldn't drop it, in fact he later sued the cop and lost, sued again and lost a second time. So he posts these videos of him and his band of trolls harassing cops and security. To date, he's been arrested a few times for interfering with an officer, he's been sued a few times for endangering lives, he's sued various police departments for various reasons, every case has either been dismissed or he's flat out lost, he's also been threatened with lawsuits for causing harm to others. One of the best videos was sadly taken down from Youtube, after beating his chest for thinking he outsmarted a cop and a security guard who asked him not to film on private property (outside SUNCOR Refinery), the cop reached out to stop him from stepping into traffic, he screamed "don't ##### touch me and pulled away from the cop", tripping over a rock and promptly fell face first into a large mud puddle, dropping his camera on the roadway where it either shattered or was run over. In another video, he and his band of trolls tried to intervene when the cops were questioning an individual being arrested for assault, while harassing the cops, the cops received an alert tone for shots fired/officer in danger, rather than clear out so the cops could leave, they blocked cops, making difficult to access their cars, 5 of his trolls were arrested for interference. Another video, a woman that is part of the their group, and likes to make false claims of police brutality, is filing out a form on the hood of the cop car, the officer gets an urgent call and needs to leave, he politely asks her to move her stuff, she tells him to f-off a couple times, the cop takes the paperwork off the hood and slams it to the ground and speeds off. She files a second complaint, Denver declined to process her request, when she tried to sue, the case was dismissed, Denver police used their own video against them in court. In a different video, one of the trolls, dressed head to foot in hi-viz yellow turns to run from the cops, he trips over a fire hydrant and goes head first into a planter, ##### hilarious video. Another woman in their group regularly posts on social media attacking a couple of different judges for alleged violations of the law surrounding child custody cases. She cried to the media, who looked at the cases with unbiased lawyers, they found no improprieties, even the state investigated and found nothing. She still makes the posts occasionally on different city websites, and the city replies to her politely with the results of the investigations. Oh, and none of them like to be called out for their childish behavior, instead they block you from their Youtube channels or their social media. Yeah, I love those sites too, great for comedy entertainment.