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Dead Constitution
See other Dead Constitution Articles

Title: Florida Highway Patrol Spokesman claims right to violate 4th Amendment
Source: .
URL Source: http://libertyfight.com/2013/florid ... _to_violate_4th_amendment.html
Published: Jun 10, 2013
Author: .
Post Date: 2013-06-10 09:57:15 by Artisan
Keywords: None
Views: 114
Comments: 4

A shocking chain of events has led a Florida Highwy Patrol Spokesman to claim in writing that the law enforcement agency can demand ID from people at checkpoints without probable cause because it wouldn't amount to a substancial interruption. The claim is completely unsubstanciated legally, and the issue of compulsory ID was decided in the U.S. Supreme Court decades ago in Brown v. Texas, with prohibitions on such stops clearly spelled out.

In response to a query, Florida Highway Patrol Public Affairs Lt. Jeff Frost claimed something that even the most flagrant violators of liberties would be ashamed to admit- he claimed that it is their policy to wake up and check the ID of every sleeping truck driver who goes through the scale. For anyone out there who might be confused, that is insane lunacy and 100% illegal according to both state and federal law, and is a blatant violation of the 4th Amendment. There is no city, county, state or federal law which allows cops to demand warrantless wake-ups, ID checks, or logbooks checks of off duty truckers.

The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) Hours of service of drivers Section 395.1 Scope of rules very plainly points out that the driver must sleep uniterrupted for 10 hours.

Being forced out of the sleeper at the demand of some cop is not only an illegal demand, but would interupt your ten hours, forcing you to start all over again. A driver's shift can last 14 hours, eleven of it driving. As a matter of fact, starting July 1st, even more restrictive federal rules are going into place for drivers under the guise of 'safety,' forcing them to take a 30 minute break after only 8 hours of driving. Do you see how insane these cops are, always insisting that they can wake truckers up with impunity whenever they want, while the very agencies that govern sleep laws are putting more rules into place so that driver's arent tired.

There have been many high profile accidents in which people have been injured and killed by sleepy truck drivers. The National Sleep Foundation points out that "Commercial truck drivers are especially susceptible to drowsy driving. A congressionally mandated study of 80 long-haul truck drivers in the United States and Canada found that drivers averaged less than 5 hours of sleep per day. (Federal Motor Carrier Safety Administration, 1996) It is no surprise then that the National Transportation Safety Board (NTSB) reported that drowsy driving was probably the cause of more than half of crashes leading to a truck driver's death. (NTSB, 1990a,b) For each truck driver fatality, another three to four people are killed. (NHTSA, 1994)."

Just last summer, the Florida Legislature designated the first week of September every year as Drowsy Driving Prevention Week, proclaiming "DROWSY DRIVING IS DANGEROUS DRIVING!" This was enacted in memory of a little girl killed by a truck driver who had fallen asleep at the wheel and hit a schoolbus. Do you think that truck driver had been woken up by Jeff Frost and his henchmen? The dramatic Florida legislature press release stated, in part, "A study by the National Highway Traffic Safety Administration found 37 percent of Americans admitted to falling asleep behind the wheel. Sleepiness slows reaction time, decreases awareness, impairs judgment and increases the risk of crashing. "Being alert behind the wheel is critical to highway safety,"� said DHSMV Executive Director Julie L. Jones. "Studies show the fatality rate is higher for crashes where a driver falls asleep." "It is important for everyone behind the wheel to understand the dangers of drowsy driving," said FDOT Secretary Ananth Prasad. "Making the decision to pull into a rest area when fatigued can save lives." The sponsor of the bill designating the week, Rep. Alan Williams, District 8, said, "Drowsy driving can be just as dangerous as drunk driving. We must do all we can to raise awareness of the dangers of driving drowsy to help save lives." Williams sponsored the bill in memory of 8-year-old Ronshay Dugans, who was killed in 2008 when her bus was hit by a driver of a cement truck who fell asleep at the wheel. Ronshay Dugan's aunt, Josie West, said she thinks of Ronshay every day and hopes the week prompts people to think about their level of alertness before getting behind the wheel. "Ronshay was gone in an instant when the drowsy truck driver nodded off. His decision to drive while extremely tired tragically took her life." [ARTICLE CONTINUES HERE

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#1. To: Artisan (#0)

Do you think that truck driver had been woken up by Jeff Frost and his henchmen?

Another possible tactic to this is to log it on duty not driving.

Then when it starts to interfere with their JIT scheduling, and money is lost, it'll stop.

A company cannot fault a driver that is obeying the law, right? A log is a legal document, right?

------------------------------------------

Why should we worship in God what we detest in man? -Robert Ingersoll

PSUSA2  posted on  2013-06-10   10:33:11 ET  Reply   Trace   Private Reply  


#2. To: PSUSA2 (#1)

thats right, the big corps are generally too chicken shit to stand up to the cops or the state,. it is up to individual men to resist this trash. anyone tries to wake me up #1 im gonna film them and #2 i am putting on duty.

Meanwhile - i actually thought this was one hell of an article. and apparently, so did some others. :-) Please pass this and the other one around, psusa. TX DPS: "The passenger is under no obligation to comply with request" for ID

UPDATE 11:00AM 6/10/13: Greetings to the Florida Dept. Of Law Enforcement (207.203.238.6), Florida Dept. Of Transportation (156.75.180.198) & Florida Department Of Management Services (207.156.9.1), you were quick to visit this article. [See ISP logs screenshot at the very bottom of this page.] I suggest you tell Jeff Frost's 'betters' to school him on the law and not to give such stupid answers to queries. Your agencies are just begging to be sued. You are on notice to immediately cease and desist all illegal searches and detainment of commercial drivers and other motorists. You may contact me here if you wish to issue a public statement on this matter.



"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28

Artisan  posted on  2013-06-10   14:31:37 ET  (3 images) Reply   Trace   Private Reply  


#3. To: Artisan (#2)

Juries have been delivering independent verdicts in the interest of justice for over 800 years, and many legal historians and scholars believe the value of juries is their power to act as the "conscience of the community," serving as the final check and balance on government in the moment of truth. If juries are nothing more than rubber stamps, they are no limit on government's power to pass unjust, immoral, or oppressive laws, and citizens are entirely at the mercy of sometimes jaded or corrupt courts and legislatures. This was what the Founding Fathers feared, and this is the reason why they guaranteed trial by jury three times in the Constitution -- more than any other right.

The answer to this entire mess is Jury Nullification.

Jethro Tull  posted on  2013-06-10   14:34:37 ET  Reply   Trace   Private Reply  


#4. To: Artisan (#2)

They have to have our cooperation to survive. They aren't getting that cooperation like they used to. Once people find out that there are ways to resist and not cooperate, the government is kaput. And now they have been given a reason to not cooperate.

------------------------------------------

Why should we worship in God what we detest in man? -Robert Ingersoll

PSUSA2  posted on  2013-06-10   14:52:32 ET  Reply   Trace   Private Reply  


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