I was stopped by DOT other day in Ohio..... im curious

In almost 26 years Truckin I have learned if your gonna be dumb you better be tough. I ain’t for just layin down and takin one for the team. However once they start and you say no.....that ego kicks in. This m’fer gonna listen to me he says and if you don’t usually someone ends up in jail. All over nothing. I give them any paperwork they ask for. As far as answering questions I just tell them anything they want to know about my whereabouts is in the log book. Pick up and destination is on the health papers. And step wide if I am hauling green heifers.


Years ago I continued for about half a mile after one hit the lights. Narrow no shoulder type road. I slowed and hit hazards to acknowledge his presence. All but charged me with fleeing. Again his ego, several others have said they knew what I was doing and we’re ok with it. You never know what your gonna get when the lights come on.

 

That's genuinely hit and miss, TBH. I've had cops get pissed off and intentionally write a bunch of bogus violations and tickets (all of which were defeated in court where applicable and DataQ'd off) whenever I try to be polite and/or lighten the mood a bit...

 

First, I never said that's what I'd do. I think the first part of my post I inferred that I like watching the police bust these sovereign citizens.

But you're wrong that we give up our rights just because we engage in interstate commerce. The fourth amendment states that we are to be "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." It doesn't say "except for those engaged in Regulated interstate commerce"

 

Had the sheriff's son light me up in the car a few miles from home after a 750+ mile family trip. I coasted down and turned onto a gravel road to get off the no shoulder county road as we were just over a blind hill.

"Why didn't you stop right away?"

Because I was trying to keep your dumb ### alive by not stopping just over a blind hill, you idiot. (my actual words were considerably more polite)

"I'll decide what's safe!"

Yeah, I'm pretty sure he was incapable of making an accurate determination of that.

But I did get off with a verbal.

Exactly! They can have access to verify that the required equipment is there and in proper condition, but anything beyond that and they're in 4th amendment territory.

That's exactly why they resort to the bullying tactics to intimidate you into agreeing, or do the BS "My dog alerted!" stunt.

 

If you don't feel it's safe to pull to the shoulder, just come to a stop in the traffic lane. Let the LEO, take the rear end collision.

 

Even though they can stop you without any probable cause you’d be surprised to know it’s very likely they’ll never pull you over if you don’t speed, and keep the truck tidy. Scale houses are a whole other thing tho

 

Why not comply?
I gave up those rights when I served in the army to ensure that you would not have to give up yours.
That’s why,
If I am presented with a lawful order from the police I will comply, if I am asked to allow a search I will say no. However, I will not attempt to stop them, I will allow them to trample on my rights and use the courts for the purpose that are intended.
Lastly, you give up zero constitutional rights in interstate commerce.

 

If you knew that either way you're going to lose your job and your home, would you still comply with the illicit order?

If challenging the illicit order in court meant your kids would end up in a foster care group home - would you challenge it in court?

If you watch your neighbors be abused by officers who are immune to oversight, are you going to meekly comply when they come for you?

I know I'm taking this to an extreme, but this is where non compliance comes from.

 

i just quoted these two posts for a foundation.

I am dealing with a serious situation by a driver who got one truck impounded in a southern state (not going to name the state because this may go to court) because a cop who pulled her over for speeding and she started with the fifth and fourth amendment crap right out of the chute, yes she had something to hide.

so let’s start with a couple things.

First off you are part of a regulated industry, your cab is part of that regulated industry, so a cop DOES NOT NEED PERMISSION TO ENTER IT … PERIOD!

it is an inspection to ensure safe operation of the vehicle and has been in court where the courts have affirmed their right to inspect during a traffic stop.

second under case law and under other rulings the 4th amendment DOES NOT APPLY TO SLEEPERS ON COMMERCIAL VEHICLES.

Here is why.

A sleeper has yet to be defined by the court to be an extension of one’s home where an rv has. In every case that was searched, and many trucking law firms can attest to this, the court has never been specific to what a sleeper is.

In addition to this, a sleeper is a regulated area that is part of the safety system of a truck, that has been defined in court.

You can not claim the truck is your home unless you claim a homeless status due to the fact your license issued by a state requires an in state residency, which means you can’t be homeless. If you claim you are homeless, your cdl is invalid according to the courts.

now I watched a lot of videos, I read a lot of internet lawyer’s articles on this and spent a few hours with my own lawyer going over this to get the truck back. My lawyer said to me most of the internet lawyers have their head up their ****** on this subject, many of the videos have it wrong and assume too much which gets people in trouble. His advice to my other drivers was to simply comply, the cop who gets a no can make your life miserable and even though you think your civil rights were violated, the chance of a lawyer picking up the case is slim to none because of the nature of this industry being regulated. The same goes for others who keep pushing this idea that the sleeper is off limits, they have it wrong.

before anyone bashes me, get your own lawyer who is part of a firm that handles civil rights, don’t ask them a blanket question but have them research the issue with case law and rulings spelled out in the document to see what they come up with, bet they will say the same exact thing - the sleeper has never been defined as an extension of a home so it is not off limits.

 

The sleeper does not need to be defined as a home, the Supreme Court has already ruled that. vehicles have protection under the 4th, just not as much as an abode does.
They ruled that search and seizure may occur if the officer has reasonable and articulable proof that you have or are committing a crime. Without that they may not search your vehicle, rv, semi truck, or motorcycle.
if you had a lawyer find case law saying otherwise then feel free to post the links.
Motor vehicle exception - Wikipedia