Drowsy Driving is Impaired Driving

Duck

Custom title
Supporter
Also, come to find out that in the recent past, there was an 8 million dollar cocaine bust on that very stretch of road.
So like, three ounces?

Seriously, cops always overinflate the value of the private property they steal. It impresses the statist Jeff Sessions types.
 

BrandonCDLtrucker

Well-Known Member
You're still wrong. You can say any damn thing you want to in this country with very few exceptions, those being hate speach, and things that may cause harm to others.

You're changing your argument now that you've been called on it. Let me remind you:



You can say any *******ed thing you want. Now your talking about government censorship of protected speach which is something different.

As far as 396.9 is concerned, the only inspection a federal officer can perform on the interior of your truck without a search warrant is is to check for exhaust leaks.

Maybe you ought to learn about what you're shooting your mouth off about before you go sticking your foot in it.
And you're still wrong and unlike you, I've provided MULTIPLE sources backing up what I say. Unlike you. You've provided absolutely nothing.

Here, yet more proof I'm right:

DOT Roadside Inspections - 7 Checks Most Truckers Don't Know About

You're really funny. In one sentence you say "Read the constitution, there are no exceptions to your rights" and then you go on to list one of the most famous exceptions to the first amendment thats ever been mentioned. You're your own worst enemy, pal.

You DO NOT have 1st amendment rights at work. If your boss says I don't want you to curse at work and he hears you swear, you can be fired for that. Of course you can be fired for any reason or none at all, but he can use that.

If your company bans political speech on premises you can be fired for talking politics. Don't like it? Leave. It's their property and they're paying you. You abide by their rules or you're gone.

You do not have 4th amendment rights when a commercial driver. As a commercial driver he has a right to inspect the inside of your cab, he has the right to look in your fridge to make sure you have no alcohol in it. Why? Because you're banned from having alcohol in a CMV. Refuse? Sure. You won't get shot, you'll get shut down and your truck can be impounded with the load on it.

"I'm right and you're wrong?" Is that really all ya got, man?
 
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ironpony

Professional Pot-Stirrer
Supporter
And you're still wrong and unlike you, I've provided MULTIPLE sources backing up what I say. Unlike you. You've provided absolutely nothing.

Here, yet more proof I'm right:

DOT Roadside Inspections - 7 Checks Most Truckers Don't Know About
This 100% bullshit. None of it is "inspections," and the reasons you can be put out of service are clearly stated in the CVSA Out of Service Guide that inspectors must use and follow.

You're really funny. In one sentence you say "Read the constitution, there are no exceptions to your rights" and then you go on to list one of the most famous exceptions to the first amendment thats ever been mentioned. You're your own worst enemy, pal.

You DO NOT have 1st amendment rights at work. If your boss says I don't want you to curse at work and he hears you swear, you can be fired for that. Of course you can be fired for any reason or none at all, but he can use that.

If your company bans political speech on premises you can be fired for talking politics. Don't like it? Leave. It's their property and they're paying you. You abide by their rules or you're gone.
That's exactly what I posted some time ago. Glad you're finally agreeing with me.

Post #14

You do not have 4th amendment rights when a commercial driver.

As a commercial driver he has a right to inspect the inside of your cab, he has the right to look in your fridge to make sure you have no alcohol in it. Why? Because you're banned from having alcohol in a CMV. Refuse? Sure. You won't get shot, you'll get shut down and your truck can be impounded with the load on it.

"I'm right and you're wrong?" Is that really all ya got, man?
You're wrong. For an officer to inspect any portion of the interior of your truck, he must have "probable cause" that a crime has been committed. His "hunch" that you might have alcohol in your fridge just because you're a CDL driver wouldn't pass a constitutional test.

Truck drivers and the 4th Amendment

As part of a settlement in 2008, the very thing you are arguing was litigated in US Federal Court in Minnesota. On appeal, the decision was allowed to stand, and SCOTUS refused to take up the case. In other words, this is now the law of the land...

U.S. District Judge Donovan Frank said new protocols established by the State Patrol in May 2008, as well as other changes, should make sure “the constitutional rights of commercial drivers will be honored and the highways will be a safer place for all citizens.”

Judge Frank was specifically referring to the 4th Amendment rights of truckers.

Minnesota driver fatigue checklist unconstitutional
 
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Duck

Custom title
Supporter
This 100% bullshit. None of it is "inspections," and the reasons you can be put out of service are clearly stated in the CVSA Out of Service Guide that inspectors must use and follow.



That's exactly what I posted some time ago. Glad you're finally agreeing with me.

Post #14



You're wrong. For an officer to inspect any portion of the interior of your truck, he must have "probable cause" that a crime has been committed. His "hunch" that you might have alcohol in your fridge just because you're a CDL driver wouldn't pass a constitutional test.

Truck drivers and the 4th Amendment

As part of a settlement in 2008, the very thing you are arguing was litigated in US Federal Court in Minnesota. On appeal, the decision was allowed to stand, and SCOTUS refused to take up the case. In other words, this is now the law of the land...

U.S. District Judge Donovan Frank said new protocols established by the State Patrol in May 2008, as well as other changes, should make sure “the constitutional rights of commercial drivers will be honored and the highways will be a safer place for all citizens.”

Judge Frank was specifically referring to the 4th Amendment rights of truckers.

Minnesota driver fatigue checklist unconstitutional
For some inexplicable reason, perhaps a form of Stockholm syndrome, some people just can't stand being told they have rights. They'd rather be subjects than citizens.

:dunno:
 

BrandonCDLtrucker

Well-Known Member
This 100% bullshit. None of it is "inspections," and the reasons you can be put out of service are clearly stated in the CVSA Out of Service Guide that inspectors must use and follow.



That's exactly what I posted some time ago. Glad you're finally agreeing with me.

Post #14



You're wrong. For an officer to inspect any portion of the interior of your truck, he must have "probable cause" that a crime has been committed. His "hunch" that you might have alcohol in your fridge just because you're a CDL driver wouldn't pass a constitutional test.

Truck drivers and the 4th Amendment

As part of a settlement in 2008, the very thing you are arguing was litigated in US Federal Court in Minnesota. On appeal, the decision was allowed to stand, and SCOTUS refused to take up the case. In other words, this is now the law of the land...

U.S. District Judge Donovan Frank said new protocols established by the State Patrol in May 2008, as well as other changes, should make sure “the constitutional rights of commercial drivers will be honored and the highways will be a safer place for all citizens.”

Judge Frank was specifically referring to the 4th Amendment rights of truckers.

Minnesota driver fatigue checklist unconstitutional

LOL That's cute. A website from Iowa that says a DOT officer can't stop a truck. Tell a DOT officer that next time they pull you into the scale and around back for a level 1 without probable cause in West Virgina LOL But officer....a website from Iowa says you can't do this!!! LOL That would go over well! LOL

And from your own website:

However, there are limited circumstances where law enforcement may stop vehicles pursuant pre-determined protocols implemented pursuant to a plan embodying explicit, neutral limitations on the conduct of the individual officers. These are commonly referred to as checkpoints or roadblocks.
Ever heard of a no-refusal checkpoint? You can be arrested for simply refusing to take a Breathalyzer. They've been ruled constitutional. Sorry.

Self pwnage is the best pwnage.

Game. Set. Match.

Thanks for playing.

And you DO have rights as a truck driver, just fewer because of the "implied consent" laws that go along with the PRIVILEGE of driving a commercial motor vehicle on federal roadways. You people seem to act like a CDL is a right. It is not. If you dont think probable cause can be had by a cop quite easily who is having a bad day, you need to watch more youtube videos. He walks up to your truck and your brakes are hot, smells something burning. Oh that might be weed. Can you open your door and step out sir? Refuse at that point and you'll have the state police and dogs on you within 10 minutes.

The secret is to be nice, polite, cordial so he'll go the **** away. Start trying to be an ass and I promise he can make your life as a CDL driver miserable.

There is a thick green book that states all of the CMV laws you consent to abide by when operating a commercial vehicle on Americas roadways. Some of those might infringe upon your otherwise constitutional rights. You consent to this with your CDL. If you don't want to abide by the laws, lose the CDL then you can do what the **** you want.

Just like with this law, you give this up as a CDL driver.

Freedom of movement under United States law - Wikipedia

Due to the size of your vehicle you do NOT have the right to drive everywhere you want. It's part of the game. It's definitely an infringement on your right of freedom of movement, but it's regulated by CMV state and federal law.

Your 2nd amendment right can be denied when in a company CMV if they choose to. If they say no guns in the truck, that's it. You can be fired for breaking that rule. Why? Their truck, their rules. Just like any business can post a "no guns allowed" sign outside and you can be arrested for trespassing if you violate that rule. Why? Their property their rules. You have no "right" to be there and violate their rules. That makes it armed trespassing and you can be arrested for it.

The list goes on and on. Your rights are subject to individual circumstances and conditions. None of them are sweeping without exceptions except life. liberty and the pursuit of happiness. Everything else has limits and conditions that have been set forth in rulings for the past 200 years.

I'm not saying I think this **** is right or that I agree its a good thing, it's just how it is. I don't like it any more than you do.
 
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