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Old 03-13-2007, 04:17 PM
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Crackaces: When you say "pulled over" I will assume that you mean a traffic stop. Police cannot just make arbitrary and random traffic stops
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This is exactly what they are doing here.............stopping trucks along the side of the interstate just to look at the log books, when driver asks why they were stopped the officer just says, "I need to see your log book." After officer has collected paperwork from the driver then a truck inspection proceeds.........just was wondering how frequently this occurs if it's a common thing we've just not ran into before or something for 'DOT week'

Alot of the drivers make it through there just fine the ones that don't the officer escorts to the nearest service station lot (not a big truckstop just a lil lot with a service station) until they are able to go again (one put out of service for 10 hours for not having a signature on day before's log was filled out all but the signature, no other violations or warnings, not here to dispute that matter know the signature should have been there and not to contest it, that signature being absent on that page for day before is wrote up as 'driver failing to keep past 7 days current'......I know that was drivers responsibility to put it on there and not going to dispute it but just wondered how frequent these stops are made just to check out the book..........
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Old 03-13-2007, 06:19 PM
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Quote:
Originally Posted by LilBit
Quote:
Crackaces: When you say "pulled over" I will assume that you mean a traffic stop. Police cannot just make arbitrary and random traffic stops
.

This is exactly what they are doing here.............stopping trucks along the side of the interstate just to look at the log books, when driver asks why they were stopped the officer just says, "I need to see your log book." After officer has collected paperwork from the driver then a truck inspection proceeds.........just was wondering how frequently this occurs if it's a common thing we've just not ran into before or something for 'DOT week'

Alot of the drivers make it through there just fine the ones that don't the officer escorts to the nearest service station lot (not a big truckstop just a lil lot with a service station) until they are able to go again (one put out of service for 10 hours for not having a signature on day before's log was filled out all but the signature, no other violations or warnings, not here to dispute that matter know the signature should have been there and not to contest it, that signature being absent on that page for day before is wrote up as 'driver failing to keep past 7 days current'......I know that was drivers responsibility to put it on there and not going to dispute it but just wondered how frequent these stops are made just to check out the book..........
What you are describing is a checkpoint. This is perfectly within the bounds of the law. The lawman sets up a place where he is observing and stopping every driver and is asking drivers for information. [sarcasm] No profiling or other things the ACLU objects to ... [/sarcasm] He does not have to ask every driver or inspect every driver but he has to be an a place to observe every driver.

What I mean by a traffic stop is you are on the open highway obeying the law when a state trooper for no reason decides to randomly pull you over and make a traffic stop. This is illegal.

Now you can have lots of things wrong with your truck, and there are lots of reasons an officer can come up with to make a traffic stop. Like mud flaps and then he can now engage in whatever activities he is authorized to do like drivers license, Log books ... etc.
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Old 03-13-2007, 07:30 PM
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Happens quite often-sometimes they'll set up a area where they'll stop every other truck.
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Old 03-13-2007, 09:08 PM
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Being "pulled over" happens all the time near Reno NV. Just to check log books.
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Old 03-13-2007, 11:55 PM
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I've been randomly pulled over for an inspection as well. I was stopped by a West Virginia DOT officer on US 50. When he got to my window, he said "You wasn't doing anything illegal. I am randomly pulling you over for an inspection." So, yes, it happens, and no it's not illegal for them to do so.

Keep in mind, we don't have a normal drivers license. We have a federal license with a completely different set of rules. Now, I don't think that a local cop could do that, but a DOT officer (or a state police officer with DOT authority, such as Ohio) can.
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Old 03-14-2007, 12:32 AM
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I was traveling NB on I-5 just North of Salem, OR. in the middle lane with the cruise set at the truck speed limit, 55. There was a state trooper in the comedian radaring traffic and a car passed my on my left doing at least 65, the speed limit for cars is 60 there. I saw the trooper whip out of the median and I thought he was going to get the four wheeler. 8)

NO, he got right behind me and pulled me over. He asked for my license, medical card and log book. As I handed everything over to him, I asked him what his probable cause was to pull me over as I knew I wasn't speeding. He said he didn't need any probable cause to pull over a CMV and proceeded to perform a level 1 inspection. I would have gotten a sticker but I already had a fresh one.

I was placarded and that is probably why he picked me out to pull over but that was a first for me.

I've also been waved off the road into an inspection area for what looked like some sort of DOT checkpoint. WRONG!!! It was the IRS and they took a sample of the diesel in my fuel to check to see if it was dyed or not to ensure that it wasn't off road diesel being used tax free as road diesel. I passed that one with flying colors too. :lol: :shock:
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Old 03-14-2007, 02:35 AM
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OK I am not a lawyer and I have never played one on TV .,. :lol: But I am citing this Wisconsin case in 1996; Basically a "random stop" like Scoe describes, and inspection of a CMV, in particular in this case the sleeper compartment, without probable cause. The evidence found in the search was ruled inadmissible. Now this case would have turned out quite differently if the officer had a reason to stop.

Clearly this case does not rule out searhcing the rest of the truck as part of an inspection. There are quotes out there by teh Feds where as only a qualified and trained officer or DOT officer can inspect a CMV. I would assume many State Troopers fill the bill.

OK I will restate my " case".... So there is nothing to prevent the officer from stopping you without reason and conducting inspections / searches; however, the trooper leaves it wide open in court without probable cause. I would get a good lawyer and fight any violations found during such a random stop.

Now .. a DOT inspection point, a checkpoint, scales. etc. are a different story. There are supporting cases there where evidence found is a part of "due course."

If somebody has access to Lexus/Nexus (I do not) and know of a case where this law is settled law .. it would be interesting.

Quote:
Federal District Court for the Western District of Wisconsin George v. Ammon, Case No. 97-C-156-S (W.D. Wisconsin)

Mr. George, a commercial truck operator, filed a lawsuit against a DSP inspector her DSP supervisors, concerning a stop and inspection in April 1996. The inspector performed a CMV inspection, and also searched the interior of the cab and sleeper compartment for toll receipts, duplicate log books, alcohol and weapons. Mr. George challenged the out-of-service order issued by the inspector and the search of the interior of his vehicle. The court issued an order in favor of DSP on the out-of-service order issue. However, the court declined to make a decision about the search issue. Although it did not rule on the search issue, the court stated that a warrantless inspection of a CMV may be allowed under the “pervasively regulated business exception" or the “automobile exception.” Unfortunately, the court was unwilling to rule that these 139
exceptions applied to the sleeper compartment of a CMV without first having the facts developed at trial. The court stated that “The sleeper berth appears more a motel room or a home which cannot be searched absent consent, exigent circumstances or a warrant.” Before the case went to trial, the parties settled and so the court did not make a decision on the search issue. 140
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Old 03-14-2007, 04:17 AM
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Many states set up CMV check points at Rest Areas. Have had that numerous times in California, Idaho, Montana, and Wyoming.

3 weeks ago went to Hammond Louisiana to do a drop & swap with a Team truck out of New York. Hit the Beaux Bridge scales on eastbound 10, and got the pull in signal on pre-pass. As I rolled onto the scales a guy stepped out from edge of the building, asked to see my Logbook, handed it right back to me and told me to roll on down the road. On the way back to the terminal, had the same treatment at the westbound Vinton scales.
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Old 03-14-2007, 02:22 PM
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Nice picture Scoe! :shock: :lol: :lol: :lol:
I love those commercials!
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Old 03-14-2007, 03:49 PM
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Happened to me once on a state highway in Michigan. I was heading east back to the big road and a diesel bear passed me going west. He did a flip right in the middle of the highway and pulled me over to check all my documentation and he did a quick walk around to check lights and free play on the steers. No problems, I was on my way again in 10 minutes.
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