Can DOT officers bother you at a truck stop?

The operative word here is commercial vehicle. The other important concept is law enforcement officer, no matter what his specialty is, DOT, DEA, Sheriff's office whatever. The man with a badge and a gun can do anything he wants. What later prevails in a court of law if it gets that far is a completely different story.
Thanks to things like The Patriot Act and the military style tactics used by police forces of all type, those of us in this industry no longer have any rights. And there are enough scumbags in this business to justify some of the invasive tactics used. It is all a matter of degree, sometimes abused.
This is one of the reasons it is getting harder and harder to get decent people to take this career path. There are various ethnic groups who have been putting up with this for centuries. I don't like it, it is just reality.

 

Few years ago at Iowa 80 truck stop. The Iowa DOT was inside the truck stop at about sunup, and it appeared they were driving around looking at parked trucks closely... then, putting chalk on the tires of questionable equipment. Then, they would pull them over as they exited the truck stop. It didn't take long and the truck stop manager was out there with a golf cart confronting them. Apparently, the Iowa 80 manager told the DOT they were on trespassing on private property, and if they didn't leave immediately, he was calling the county sheriff. Surprisingly, they left the area.

 

Yeah, it would have to take the property owner to make the demand of an LEO to leave. Unless the owner does it, they can go ransacking thru the lot and play whatever games they want. I really have no problem with an LEO putting effort into doing a good job, but these little fishing expeditions they do are pretty low. But then, usually it is not the LEO themselves that initiate this kind of thing, it is usually someone higher up that directed them to do it. You know, someone who has fond memories of the Gestapo or the KGB.

 

A: Provided by Jim Brokaw, formerly a Staff Sergeant, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, NE: If you look in 49 CFR 395.8 (k) dealing with retention of driver’s record of duty status, you’ll find paragraph (2) states: “The driver shall retain a copy of each record of duty status for the previous 7 consecutive days which shall be in his/her possession and be available for inspection while on duty.”

The important part of the above regulation is, "[FONT=Lucida Grande, Arial, Helvetica, sans-serif]and be available for inspection while on duty.”[/FONT]

[FONT=Lucida Grande, Arial, Helvetica, sans-serif]While on duty.[/FONT]

[FONT=Lucida Grande, Arial, Helvetica, sans-serif]A driver is NOT "on duty" when parked in a truck stop and sleeping in the sleeper berth.[/FONT]

[FONT=Lucida Grande, Arial, Helvetica, sans-serif]Or eating in the restaurant.

Or walking through the parking lot talking on his/her cell phone.

The cops that are illegally harassing drivers will eventually have a very serious problem, when they create a situation that results in a death they will be held responsible. A driver who is taking a mandatory rest break is not to be disturbed. Cops are people, and people do stupid stuff. When it hits the fan, the cop who has done something stupid will wish he hadn't....

I'm a big fan of people recording cops conducting traffic stops or whatnot. Cops are to obey the law, and recorded events are great ways to establish whether or not a police officer was acting lawfully, or, unlawfully....

We need a police force to uphold our laws, and I don't think anyone disagrees with this, but what we don't need is a gang of power mad thugs running around with firearms and acting like they are a law unto themselves. [/FONT]

 

Yeah, you can always count on those guys at Ask The Law to clarify many issues. Good post Trees.

 

I see the majority of replies to be opinions, although some possible facts backed up by links.

So are we legally obligated to wake up during our 10 our break if an officer is banging on our door?

Besides being on private property in a truck stop legally parked between the lines, does it matter where in the country you are? Is there a state law or federal law to give a black and white answer if you have to answer them or let them in?

Police are breaking the laws more and more, doing road side cavity searches, beating people, tasering them, killing them, arresting them for resisting arrest, arresting people for recording video, stealing their money, etc. You can tell them your rights, what the law is, what the constitution is, and they really don't care. If you ask to see a warrant, then they will force their way in anyways and you'll be in for a world of pain.

I don't want to sound like anti-cop or conspiracy theorist, but police are becoming more and more abusive. They are breaking the laws. Just see YouTube for plenty of examples of it. This is making us think how to react to them in order to protect ourselves. Do not give consent to search, and don't answer questions, is the most common given advise on the internet on how to deal with bad cops.

I'm not expert on the law, and I don't know the answers. Do we have to comply? What are the consequences?

My opinion, is that if I'm legally and safely parked at a truck stop (private property) on 10 hour sleep break, not breaking any laws including idle laws, then I'm ignoring everyone at the door, including police. My curtain will be closed. We get enough lot lizards and scammers knocking on our doors. Since its not the normal thing (yet) for police to wake us up when legally parked, I have reason to believe it may not even be police, not that the excuse would go far. Bottom line is they won't see or hear me, nobody home.

If this is actually happening, that police are waking up drivers at a truck stop, then I'd definitely have at talk with the truck stop manager, to see if he authorized police to do this. Either way, I'll be telling him to get rid of the police or I'll advertise to as many truckers as possible about the situation to avoid that truck stop.

Now if the police want to get revenge, and wait for my truck to pull out onto the main road to pull me over, then fine there is nothing we can do about that except to comply at that time. Just smile, follow orders, and fight all tickets in court.

If I'm out of the truck walking around talking on my phone or eating at a restaurant, then sorry officer, I'm off duty right now. I don't answer questions either. Am I free to go? That is about all they will get out of me.

I've heard of stories of trucker piss off DOT at the scales, and then DOT rips apart the whole inside of the truck, taking out the seats and everything. When all done, its up to the driver to put everything back. So yeah, I wouldn't want to piss off law enforcement.

I make a very special effort to legally and safely park on private property, either at the customers or at truck stop. I really hate and avoid having to park on side streets, exit ramps (never done that one), rest areas, etc, cause I don't want to have to deal with police waking me up.

Another opinion, probably true, that us CDL drivers don't have the same "rights" as a 4-wheeler would, with refusing consent to search, etc. But we should know what rights we do have, especially for during the 10 hour break and other DOT harassment.

Anyone reading this should search for videos on YouTube that explain your rights when you get pulled over by police. There are many examples of people getting pulled over by police, and border patrol checkpoints, and refusing to answer questions, refusing to pull over to secondary location without probable cause, refusing to roll the window down all the way, refusing to give consent to search the car, etc. There are lawyers and cops in YouTube videos all agreeing to never answer questions from police. They find ways to twist what you were saying and use it against you. Even simple question of "do you know how fast you were going" cop can write "driver didn't know they were speeding" or "driver admits to speeding", its no win. There are even YouTube videos of lawyers explaining if you should even do a sobriety test, or breathalyzer.

Although more and more people are getting arrested for video taping police, I would still advise everyone to get a dash cam for video evidence. Even when your sleeping, run that thing 24/7. What if someone backing up at 2am miscalculates his tail swing and cracks your hood or bumper? How do you prove that to your company when the driver runs away? This would also help with police encounters if they try to make a story to justify beating you and arresting you for "resisting arrest".

I've heard about, and even seen myself, the chalk on tire trick. Usually when limited time parking. Since we all do pre-trips anyways, would just wipe off the chalk on your tires if you see them.

Search on YouTube "Cop shoots dog" and many times the dog isn't aggressive. Body and tail wagging happy to greet you and cop still shoots dog in the head. Its happening more and more frequent, so dog owners beware, if you have a dog and the officer is beating on your door, and you don't want your dog killed.

So far in over 10 years I've had no serious issues with police. They have never woken me up during 10 hour break. Every encounter with them so far has been very professional, and I've politely compiled with all their orders (inspections, scales, check logbook, etc). I fear though things are changing for the worst.

Sorry for long post, probably caffine talking. So yeah, I'd have a dash cam, ignore the door, and just accept the consequences in the morning when I pull on the road.

 

It depends on when and where this occurs.

And if they have so called...justification.

http://www.olblueusa.org/askthelaw/Ask_The_Law_Apr_13.pdf

 

So legally, no excuses, anytime, anywhere, huh?

What are the consequences of saying you had ear plugs? Not that I'd be the one that wants to find out. I'm guessing if they are real pricks, they'd bust their way in. So what if they find out the reason for nobody answering is cause nobody was home? They can break n enter trucks while the driver isn't in it for their surprise DOT inspection or drug raid that turns up nothing? Do they get any consequences? (Probably not).

Sorry if I sound like I'm trying to be difficult. I'm not like that in real life, but I know other people that are, and love to push the limits, so was wondering what sort of trouble they'd get in for ignoring the door, pretending nobody home, then having some excuse later.

I guess safest thing to do is just comply with all orders at all times, but if they attempt a DOT inspection after waking you up, just politely tell them that its not allowed or something, and that you will file a complaint and law suit if they do. Most LEOs would probably shrug off any words of law suit and if anything just make them more agitated. What else can we do, except verbally (and politely) protest it while still follow orders.

While I understand your reasons that we have to answer the door regardless of the situation, is there any laws on any state or federal books that give this answer in black and white without any doubts?

I can almost understand an officer breaking a window to get into the cab to save a truckers life when there was reason to due to a bomb or fire near by, so under that circumstance there would be no consequence to the officer. But these random DOT inspections when on 10 hour break is not probable cause. Could we actually win in court or would officers get away with it as usual?

 

Is your funny bone broken?