12/22/2015
So yesterday there was a discussion on a page called Truckers Against More Regulations, which is administered by Sandy Long, about how the 4th Amendment protects drivers when it comes to turning your log book over to law enforcement for inspection. She also stated that the 5th Amendment allows you to refuse to turn over your log book, or ELD (ELECTRÒNIC LOGGING DEVICE), to law enforcement as well. She cites several case law issues that honestly have no relevance to the issue of your logs and the rules as set forth by the FMCSA.
AS I tried to explain to her and a few other drivers on the thread that when you go to the DMV and get or renew your CDL you have at that time given IMPLIED CONSENT for a certified law enforcement officer to examine any and all paperwork connected to your load. This would include your log book, or ELD, whichever you may have, as well as your Bill of Lading, a manifest and your permit book.
She also stated that the 5th Amendment rights of self incrimination apply and that you may refuse to turn over any and all paperwork should they ask. This is where you still have outlaws in the trucking industry that fudge their logs or run multiple paper logs and in turning over their log book would be found in violation of the hours of service.
Ladies and gentleman I am here to tell you that as a retired Deputy Sheriff, who is certified by the State of Ohio Peace Officer Training Academy, that neither of these arguments by Sandy Long hold any water.
By implied consent you have given up any right of refusal to hand over any documents related to your truck and your load. If you want to test the waters go ahead. Just be prepared to get cuffed and stuffed in the back of a cruiser and then have your equipment impounded by the arresting authority.
Sandy Long also cited the court case we all know so well of Miranda. This is where you are to have your 'Miranda' rights read to you upon arrest. Her theory is that once pulled over by a law enforcement officer you are in custody and thereby under arrest. That is also a fallacy. A traffic stop in and of itself is not an arrest. You have no reasonable expectation of being Mirandized until such time as a law enforcement officer tells you that you are under arrest for a violation of the law.
There are others that have argued that your 4th and 5th Amendment rights are protected during a traffic stop. As a CDL holder you are subject to being pulled over with OR without probable cause at any time be it roadside or at the scale house. Please do not listen to these people that say you have the right to refuse to turn over your log book and any associated paperwork when pulled over for an inspection. You agreed to follow the FMCSA rules when you accepted that CDL and became a professional truck driver.
I have spoken to several law enforcement friends who can verify what I have said in here to be true and accurate. They include Kevin Killen, a former Florida Highway Patrol Sgt, Quinten Brune, a former Oklahoma officer, and Sgt Art Coval, a 29 year veteran of the Franklin County Sheriff's Department whom I worked with during my time in law enforcement. All three of these gentleman are on my personal page.
Thanks for taking the time to read this.
Chris Milburn