Just some of the stupid things I see

Funny that you brought this up... I know of 'for a fact' that a few LEO's lost their jobs for seizing a HazMat load. The load was bonded the LEO's had it towed, and they went after the LEO's with both gloves off... so to speak.

They can seize the load... however they MUST call the FBI, a Customs special agent, or a deputy U.S. Marshall to legally sieze a HazMat load.

 

Which has absolutely nothing to do with anything I posted.

Have you ever tried reading the Constitution? Or do you just accept what other people have told you they heard was in it? If more people would actually pick up a copy and read it for themselves, "We the People" would be far less willing to bend over and accept these governmental oversteps to their very limited powers under the Constitution.

Now back to the point you seem to be confused about...

If you are driving, you must have a driver's license...because you have no right to drive. Driving is a privilege, and if you abuse that privilege it can be revoked by the state which granted you the privilege to drive when they issued you a drivers license. The state requires that you carry that license with you whenever you are driving, and show it to any officer who stops you and requests it.

If you are involved in interstate commerce, the government has power to regulate that activity...and if they want you to carry BOL's or any other documents pertaining to the shipment, that is within their limited Constitutional powers. If they wish to regulate the HOS a driver may operate in interstate commerce, again, that is within their right to do so. If stopped and these documents are requested, you must hand them over.

If the penalty is nothing more than a civil fine I see no problem with the mandate to maintain a record of duty status in compliance with the HOS.

The problem I have is when the documents a driver is REQUIRED to make pertaining to his activities under the regulations are then used to file CRIMINAL charges against that driver...because it is no longer an interstate commerce regulatory issue, but rather a criminal investigation in which ALL rights and protections ought to be afforded to the individual being investigated. In this case, the driver is being compelled by the federal regulations to be a witness against himself in a criminal matter...a clear violation of the 5th Amendment. If they wish to pursue CRIMINAL charges, they should have to do so without the log book...as in the log book should not be allowed as evidence against a driver in a criminal matter, nor should any leads police investigators may have discovered while looking at the driver's entries in that log book be allowed. That is the extent of what I was saying.

Now that log book comment I had made was part of a larger hypothetical conversation taking place, pertaining to the question as to where exactly the line between your rights as an individual under the Constitution lie in relationship to your responsibilities as a commercial motor vehicle operator engaged in interstate commerce. I have never advocated obstructing any law enforcement officer in the performance of his duties...merely questioned the extent to which any individual may be forced to aid any law enforcement officer in building a potential criminal case against that individual....essentially seeking the line between the limited regulatory powers of the government found in the Constitution and the protections each and every individual has under the Constitution which are designed to prevent governmental oversteps.

In regards to the "safety of others", as I have stated before, my top priority each and every time I leave the house is to see to it that I make it home again safely and in one piece at the end of each run. This should be EVERYBODY'S #1 priority wherever they may be, because if you don't value your own safety enough to watch your own back, nobody else should be expected to give a #### about it either. To that, I added that if I can help it, nothing I do while on the road is going to jeopardize that. Even a trained professional first responder is taught to survey the situation before they insert themselves into it...because they aren't going to do ANYBODY any good if they, too, are injured or killed trying to help because then they will also be in need of assistance rather than being the one rendering it. As an untrained ordinary citizen, that is the least I can do. If the situation does not appear safe for me to stop, I will not stop. If the situation does not appear safe for me to be out of my truck, I will not get out of my truck.

All I DO remember from whatever basic first aid lessons I may have had as a child involved things such as "Do not move an injured person, because you do not know the extent of the injuries and moving them may cause more harm than good." So seriously, what could I possibly do other than get in the way? I'll make a phone call to get the professionals en route...but beyond that, there isn't a whole heck of a lot I can (or even should) do to make anybody's situation any better at the scene of any wreck. Every situation is different, though...

In keeping myself safe throughout the day, I am doing whatever I can to avoiding having my truck attempt to occupy the same space as any other vehicle, person, or object....in other words, doing what I can to get through my day without incident....and that is the extent of my responsibility to the "safety of others".

If you do not have the intelligence to see this conversation for what it is and provide your input without making derogatory remarks towards any other individual participating in the discussion, that is your decision to make....but that's your call. I really couldn't care less either way.

 

Hold on I gotta go get some waders on before reading further

 

saw one yesterday, flew past me and cut me off and tailgated the truck next to me (less than 5 feet off his bumper) all the way to the next exit. I actually thought he was going to pull him over but he never hit the lights.

 

I fixed your quote Harvey

Really? You might wanna check on that. I've had LEO's cut US Customs seals on a Bonded load of whiskey on a tanker, and they didn't bat an eye while doing it.

 

There lies the ultimate question: At what point does the interstate commerce clause and the regulatory powers contained therein trump your individual rights and protections under the Constitution?

And along those lines, at what point does passive, non-threatening inaction...basically staying out of the officer's way and allowing them to do whatever they want (without your help, of course)....become "obstruction of justice" or "impeding an investigation"? You are not preventing the officer from doing any inspection he desires to perform...you simply aren't actively helping him with his inspection.

It would be interesting for sure to see the aftermath of a cop arresting a driver on BS charges after saying "Here's the keys...do whatever you like, I'll just be over here out of your way."

I love this video....

[ame]http://www.youtube.com/watch?v=1Hcr9wALYb8[/ame]

 

Been there done that.

 

Bulldog, I have a deeper understanding of the Constitution that I think you know. However. We have to operate under the parameters of modern interpretation, whether we like it or not. I don't feel like cooling my heels in the hoosegow for taking your sage wisdom to heart.

 

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Jeez, hijack a thread then crash it nose first into the ground. Can we please put itback on track?