I know you're busy, so here is the SHORT VERSION: Short and sweet, cut to the chase. Cops can not wake you up when you're in the sleeper and demand ID. If you're confused about this, read this page. If you're still confused after reading it, you're a lost cause.|
DontWakeMeUp.org Short Version: Cops can't Wake up the sleeper (Otherwise Known as 'DontWakeMeUp for Dummies'.)
Truck drivers have been described as the backbone of America. A hard-working and hearty bunch, these men and women oftentimes spend weeks or months away from their families working long hours to haul freight across the country so that consumers can have access to goods. Their tractor hauls single or combination trailers up to 53 feet or longer, 13'6 in height and weighing up to 80,000 pounds. They are engaged in what's called "interstate commerce" and are required to receive intensive training, as well as qualify for licenses, medical fitness and background checks. The federal government has set up a complex myriad of thousands of rules, statutes, laws and standards that commercial truck drivers are required to follow. Key among these is the requirement that commercial truck drivers get adequate rest between their shifts. These laws have been developed and altered over time based on medical and scientific conclusions, as well as safety research, accident statistics, and industry recommendations. These long-established safety measures help to protect the drivers as well as the motoring public on America's roadways. But what if these laws were being blatantly violated and thwarted on a regular basis by the very people who have sworn an oath to uphold and enforce the law?
Imagine you're sleeping in your comfortable bed after a long 14-hour shift at work, recuperating from the days work and preparing to wake up at 5am for another day on the job to provide food for your family. And then imagine the shock of police with guns demanding that you wake up, come outside and show them your ID, under threat of arrest. Sound outlandish? Perhaps, but that is precisely what this website is about. It's about one man's journey into a twilight-zone like situation where the right of all decent, hard-working Americans is being fought for and battled out in federal court.
This is a case about our rights as Americans to fulfill our job duties and to get the rest we need and which we are lawfully entitled to, without being disturbed, woken up, harassed or threatened with false arrest by law enforcement officers. It is about the right of Americans to be left alone in peace as they fulfill their pursuit of happiness. This case involves a truck driver who was off duty sleeping in bed when he was forcefully woken up, trotted out of his bedroom, and forced to show ID under threat of arrest without any warrant, reasonable suspicion, or probable cause of any crime being committed.
In this case, both officers were recorded and the Texas Department of Public Safety admitted wrongdoing in writing on behalf of the two officers only one month after an internal affairs complaint was filed against the officers in November 2010. The admission letter, dated December 20, 2010 and signed by Captain Kenneth Plunk of the Waco Commercial Vehicle Enforcement Division, stated that "corrective action was needed" against both officers and that "additional training has been taken." [Here is the postmarked envelope the letter came in.] The driver, Martin Hill, then filed a 42 U.S.C. Section 1983 Federal Civil Rights Lawsuit against the troopers for damages, permanent injunction, and to dissuade them from continuing this blatantly illegal practice. Updates on the case are directly below. One of the internal police department documents which they were forced to release as a result of my lawsuit in initial disclosures revealed that the Texas Troopers officially admitted that "The passenger is under no obligation to comply with request" for ID.
Audio/video of the original incident is in three short clips. First: Off Duty Driver refuses to show ID to Texas DOT inspector. The second is here: Texas State Trooper threatens arrest of driver for not showing ID . Part 3, the conclusion, is here: Civil Rights claim filed against Texas Trooper- Do not wake up sleeping trucker . Total length of all three clips combined is less than 5 minutes.
Police have no more right to wake up truckers than they do to go bang on your bedroom window at 3AM and demand ID. That is completely insane and illegal. Here is a recent letter from Anne Ferro, head of FMCSA, on the urgent importance of truck driver sleep.
Most of the time you hear bickering between industry and the government. Industry wants less regulation, and government wants more. I am simply asking why the government and their agents don't comply with the rules that the feds have already imposed upon truckers.
There are three main sections to this website:
|Have you been woken up while off-duty or illegally detained or searched by a Texas Trooper or an officer in any other state, or by a DOT Inspector at a weigh station? If so, feel free to contact us. You can join our mailing list by sending an e-mail here, to receive periodic updates on this case and related issues. Please specify 'JOIN DONTWAKEMEUP MAILING LIST' in the subject line, since we have a few different mailing lists.|
Look who's coming to visit!
"Live as children of light, for light produces every kind of goodness and righteousness and truth. Try to learn what is pleasing to the Lord. Take no part in the fruitless works of darkness; rather expose them, for it is shameful even to mention the things done by them in secret; but everything exposed by the light becomes visible, for everything that becomes visible is light. Therefore, it says: "Awake, O sleeper, and arise from the dead, and Christ will give you light." Ephesians Chapter 5:8-14
OverdriveOnline: Trucking far from 'under-regulated': Reactions to CNBC’s 'Collision course' series "..Increased regulations are causing more problems and fatigue."
Abe Attallah of the RUN HARD GET PAID Facebook group posted this video to Youtube on February 28, 2014. Abe wrote: "This video was posted to educate people to what happens in the trucking industry. I was beginning to fall asleep behind the wheel of my tractor trailer loaded with produce when I decided to pull over for sleep and call my company to inform them that I was unsafe to continue driving." You can watch his video here: The UGLY Truth of Trucking!
AskTheTrucker.com: Trucker tells all about Safety in Trucking on ABC’s 20/20
AskTheTrucker.com: Trucker Issue Awareness and the Mainstream Media (Excerpt:)
"Another issue which was brought up on the show that night was the fact that law enforcement is in the practice of waking drivers up during their federally mandated breaks. This led to a following radio show with Kenny Capell and Martin Hill as they shared their story on Truth about Trucking Lives’ show titled, "Truckers Right to Sleep and the 4th Amendment". Martin Hill is the founder of Don’t Wake Me Up.
SBTC (Small Business in Transportation Coalition) Files Police Misconduct Complaint with U.S. Dept. of Justice
I highly recommend becoming a member of this great organization; you can find out more about the SBTC here.
Martin Hill of DontWakeMeUp.org and Kenny Capell appeared on the "Truth About Trucking Live" Radio show with Allen & Donna Smith on August 7, 2014. James P. Lamb of SBTC joined the conversation also. The program can be heard and downloaded here. [Their facebook post on the program is here.]
Check Out Legal Podcasts at Blog Talk Radio with Aubrey Allen Smith on BlogTalkRadio
James P. Lamb, Chairman of the Small Business in Transportation Coalition (SBTC) has announced
Respecting the Sanctity of Sleep- Introducing the “COMMUNITY-ORIENTED” APPROACH (Jul 22, 2014). Excerpt:
File a SLEEP INTERFERENCE COMPLAINT with the SBTC here.
Department of Homeland Security Calls Trucker's Employer to Tattle That He Won't Wake Up Sleeping Co-Driver (!) 8/1/14
Checkpoint Cop Offended When I Yell At Him About 4th Amendment (Article & Video) 7/8/14
Man Who Refused Warrantless ID Check Arrested, Charged With 'Obstruction of Justice' in Georgia Kenny Capell refused to show his ID to a control-freak female weigh station cop who kept waking him up out of the sleeper. His trial is August 11th, 2014. I interviewed Kenny at his home in TN.
Update: Kenny's trial was re-scheduled for October, then December 8th, now the prosecutor has delayed it yet again. For some reason the so-called prosecutor does not seem to want this case to go to court. Kenny also sent a Freedom Of Information Act Request to the Georgia DOT demanding any and all audio/video of his arrest. The GA DOT replied back and claimed that there was no video. However, Kenny had filed a police misconduct complaint and the internal affairs investigator has acknowledged that there is indeed a video of his arrest, and the investigator has seen it.
What Happens When You Sue the Cops for Civil Rights Violations? Update on 'Trucker Vs. TX Troopers' ID Case 2/4/14
April 16, 2013:
DontWakeMeUp.Org Launched As Civil Rights Lawsuit Proceeds Against Texas Troopers
4/16/13: WOKEN UP AGAIN! The irony of, on the very day I launch my new website DontWakMeUp.Org, it happens. Again. Today. UNREAL. Watch how these lunatics change course the second they see the camera. Keep your cameras ready, folks! The article and video can be seen here:
4/17/13: DontWakeMeUp.Org goes viral immediately after public launch: People from across the world along with Corporations, Universities, Law Firms, as well as State and Federal government agencies have visited DontWakeMeUp.Org since our release on Tuesday, April 16th. We will have an "our visitors" page outlining the government visitors soon.
Martin Hill's DontWakeMeUp.org Featured in Major Trucking Magazine:
DontWakeMeUp.Org featured on the Dave Nemo show
2012 video in New Mexico: Sleeping Trucker puts police in their place at suspicionless internal checkpoint December 2, 2012
Florida Highway Patrol Spokesman claims right to violate 4th Amendment
With New Federal 'Rest Rules' Taking Effect July 1st, Feds questioned
Fatigued Truckers Killing Troopers Everywhere as Insane Cops Continue to Revel In Waking Up Off-Duty Sleeping Drivers
This is what happens when a big rig driver falls asleep:
Catastrophic Bridge Collapse in Washington State reveals importance of sleep for Truckers as NTSB investigates the sleep records of driver
5/30/13: Well well well, whatd'ya know. The Feds are investigating 'THE LOGS AND REST HISTORY" of the commercial driver who hit the bridge in Washington last week and caused it to collapse. They are also are checking the REST HISTORY of the pilot vehicle driver who worked with the truck. Why do you think that the feds would 'check the rest history' of those people?
Is Sleep Important To Truckers? The Experts Speak
As the U.S. Department of Transportation Federal Highway Administration has documented in their meticulous report Fighting Fatigue,
"One person's lack of sleep can contribute to another's lack of safety on the Nation's roads. According to the National Highway Traffic Safety Administration's (NHTSA) Senior Research Psychologist Jesse Blatt, fatigue and sleep deprivation contribute to about 100,000 police-reported highway crashes, causing more than 1,500 deaths annually in the United States. And the National Transportation Safety Board also has linked operator fatigue with a number of costly public incidents, including the Exxon Valdez grounding and the collision of subway trains on the Williamsburg Bridge in New York City."
The Federal Motor Carrier Safety Administration's extensive in-depth Commercial Motor Vehicle/Driver Fatigue and Alertness Study notes
"The Driver Fatigue and Alertness Study (DFAS) was the largest and most comprehensive over-the-road study ever conducted on driver fatigue and alertness in North America. It provides extensive information on the alertness, driving performance, and physiological and subjective states of commercial motor vehicle (CMV) drivers as they perform real-life, revenue-generating trips. This Executive Summary overviews the objectives, methods, principal findings, and safety implications of this landmark 7-year study. The DFAS was initiated in 1989 by the Federal Highway Administration's (FHWA) Office of Motor Carriers (OMC) in response to a Congressional directive contained in the Truck and Bus Safety and Regulatory Reform Act of 1988. Field data collection was conducted in 1993 and the project was completed in 1996. The overall cost of the study was US$4.45 million."
U.S. Department of Transportation - Federal Motor Carrier Safety Administration:
"Disruptions compromise both the quantity and quality of sleep and keep you from experiencing continuous, restorative sleep so necessary for performance, safety, and health. They can be caused by an acute or chronic medical condition; a bright, noisy or uncomfortable environment; or awakenings caused by other people. Determining the causes of any sleep disruptions will help you and your doctor determine the best treatment." [Federal Motor Carrier Safety Administration: Interruptions to your sleep
INSURANCE INSTITUTE FOR HIGHWAY SAFETY: "IIHS further concludes "the fact that risk remained the same regardless of team status suggests that increased risk of fatality is associated with nonconsecutive sleep rather than disturbance from the motion of the truck while sleeping'' (Id., p. 11). [Hertz, R.P., "Tractor-Trailer Driver Fatality: The Role of Nonconsecutive Rest in a Sleeper Berth," Insurance Institute for Highway Safety, October 1987. Revised February 1988 http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/05-16498-HOS-Final-Rule-8-25-05.htm.]
"Driver fatigue is recognized as a major factor in accidents involving long-haul truck drivers. One way in which long-haul truck drivers decrease their fatigue level is through the use of tractors equipped with sleeper berth units. However even with these units, the quality and quantity of sleep that a driver obtains may not equal what they would receive if they were sleeping at home. With that in mind, the primary goal of this project was to assess the impact that sleeper berth usage has on operator alertness... There were a number of findings as part of this study that indicated that the quality and depth of sleep was worse on the road, particularly for team drivers. Team drivers have significantly more sleep disturbances than do single drivers. In addition, for team drivers who sleep while the vehicle is in motion, factors such as vibration and noise affected their sleep..." [FMCSA IMPACT OF SLEEPER BERTH USAGE ON DRIVER FATIGUE: FINAL REPORT http://www.fmcsa.dot.gov/facts-research/research-technology/tech/sleeper-berth-techbrief.pdf.]
The White House: "The FMCSA has acknowledged that driver fatigue is grossly underreported for various reasons. Advocates and others have pointed out in public comments to the 2008 proposed rule as well as prior HOS rules that the agency has, in recent years, repeatedly grossly underestimated fatigue as a factor in truck crashes...FMCSA acknowledged in the 2000 NPRM that "The agency tentatively estimates that 15 percent of all truck-involved fatal crashes are "fatigue-relevant," that is, fatigue is either a primary or secondary factor....
"Other estimates of fatigue involvement in truck crashes are higher. The National Transportation Safety Board (NTSB) estimated that driver fatigue is a factor in 31% of all fatal-to-driver heavy truck crashes, and found fatigue to be a factor in even a higher percentage of all truck crashes investigated by NTSB. The National Highway Traffic Safety Administration (NHTSA) has estimated driver fatigue to be a factor in over 30% of all heavy truck crashes. [http://www.whitehouse.gov/sites/default/files/omb/assets/oira_2126/2126_10182011-22.pdf "Rebuttal of Edgeworth Economics Review of FMCSA's Regulatory Impact Analysis" Advocates for Highway and Auto Safety: October 2011.]
As you read the details of this specific case, you will see that despite all the state and federal rules mandating ten hours of uninterrupted sleep for the truck driver, it is the proven illegal policy and practice of police in Texas to unlawfully ID occupants of both commercial and non-commercial vehicles, as well as to illegally wake up truck drivers who are off-duty in the sleeper berth. This also happens in other states throughout the nation as well, during traffic stops and at warrantless checkpoints. If someone is driving a commercial vehicle or is a passenger sitting in the front passenger seat of a commercial vehicle, of course they are required to show their ID, logbook, insurance information, and permits to the officer. That is not the issue here. The issue here is when the passenger in a commercial team operation is off-duty in the sleeper berth, sleeping for their federally mandated 10 hours. That person is not to be disturbed - their sleeper is considered "sacrosanct." (too important or valuable to be interfered with; inviolable.) As you will read below, countless state, federal, and international studies have been commissioned which explain in no uncertain terms, the dire importance of the undisturbed sleep of the commercial driver. The concise sections of our website below summarize and link to federally mandated sleeper berth laws as well as to ID and privacy laws and long-held court precedents, which apply to all Americans.
The following four links explain the original incident in full as well as the follow up. The case, Hill v. Texas Department of Public Safety et al, is a 42 U.S.C. Section 1983 Civil Rights Act case filed September fourth in the Fifth Circuit of Texas Federal Western District Court in San Antonio, Texas.
Texas Troopers officially admit wrongdoing after ID complaint - Here you can see the letter of admission from the Texas Department of Public Safety, stating that "corrective action was needed" against both officers and that "additional training has been taken."
Note: All three of the recordings are at the very bottom of this page.
Below are links to the various sections of our website:
Is Waking Up Truckers A Trivial Matter? Judge For Yourself
National Center for Biotechnology Information: "Because sleep disruption may cause fatigue and deterioration of performance, a study was conducted to evaluate the association between sleeper-berth use in two periods and tractor-trailer driver fatality." [http://www.ncbi.nlm.nih.gov/pubmed/3228467?dopt=Citation.]
Federal Motor Carrier Safety Administration: "Trucks are a vital component of the U.S. economy. That contribution comes from moving raw and finished products, as well as some bulk goods, long distances. Because of the long distances and long driving times involved in these contributions to our economy, driver hours of service (HOS) have been regulated for more than 70 years." [http://www.fmcsa.dot.gov/facts-research/research-technology/report/HOS-Driver-Fatigue.pdf.]
Conference on Managing Fatigue in Transportation. This international, multi-modal conference, jointly sponsored by FHWA, ATA, NHTSA, the Association of American Railroads, the Federal Railroad Administration, and the National Transportation Safety Board (NTSB), addressed ways to improve transportation operator alertness and lower crash risk. Expert speakers addressed a variety of topics related to the improvement of operator fatigue management, including improving sleep..." [http://www.fmcsa.dot.gov/facts-research/research-technology/topics/fatigue.htm.]
Is Everyone Required To Show ID To Government Agents Upon Demand?
No, not at all. This section lists 23 references, outlining the Constitutional protections and U.S. Supreme Court rulings on the matter. Here are a few excerpts:
Brown v. Texas, 443 U.S. 47 (1979)
"Held: The application of the Texas statute to detain appellant and require him to identify himself violated the Fourth Amendment because the officers lacked any reasonable suspicion to believe that appellant was engaged or had engaged in criminal conduct. Detaining appellant to require him to identify himself constituted a seizure of his person subject to the requirement of the Fourth Amendment that the seizure be "reasonable." Cf. Terry v. Ohio, 392 U. S. 1; United States v. Brignoni-Ponce, 422 U. S. 873. The Fourth Amendment requires that such a seizure be based on specific, objective facts indicating that society's legitimate interests require such action, or that the seizure be carried out pursuant to a plan embodying explicit, neutral limitations on the conduct of individual officers. Delaware v. Prouse, 440 U. S. 648. Here, the State does not contend that appellant was stopped pursuant to a practice embodying neutral criteria, and the officers' actions were not justified on the ground that they had a reasonable suspicion, based on objective facts, that he was involved in criminal activity. Absent any basis for suspecting appellant of misconduct, the balance between the public interest in crime prevention and appellant's right to personal security and privacy tilts in favor of freedom from police interference."
The court concluded "The application of Tex.Penal Code Ann., Tit. 8, Ă‚Â§ 38.02 (1974), to detain appellant and require him to identify himself violated the Fourth Amendment because the officers lacked any reasonable suspicion to believe appellant was engaged or had engaged in criminal conduct. Accordingly, appellant may not be punished for refusing to identify himself, and the conviction is Reversed." [http://supreme.justia.com/cases/federal/us/443/47/case.html.]
Terry v. Ohio, 392 U.S. 1 (1968)
The right of privacy may not be intruded upon by the government absent probable cause, see Dunnaway v. New York, 442 U.S. 200, 208 (1979); indeed, it is the probable cause requirement that "safeguard[s] citizens from rash and unreasonable interferences with [their] privacy." Brinegar v. United States, 338 U.S. 160, 176 (1949).
Florida v. Royer, 460 U.S. 491, 500 (1983) "The person approached, however, need not answer any questions put to him; indeed, he may decline to listen to the questions at all and may go on his way" Id. at 497-98.
Illinois v. Wardlow, 528 U.S. 119, 125 (2000)
Brinegar v. United States - 338 U.S. 160 (1949) "The citizen who has given no good cause for believing he is engaged in [criminal] activity is entitled to proceed on his way without interference" (Page 338 U. S. 177)
Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, RomanCatholicReport.com, Republic Broadcasting Network, WorldNetDaily, OverdriveOnline.com, Educate-Yourself.org, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.
[Disclaimer: I am not an attorney. The information on this page is educational and should not be construed as legal advice. This website advocates promotion of a return to a moral society and adherance to the Catechism of the Roman Catholic Church, The Ten Commandments and the U.S. Constitution.]
Look who's coming to visit! The Texas Attorney General, who's representing the defendants in the Federal Civil Rights lawsuit. Isn't it interesting that they are sworn to uphold the law, yet are representing the very people who, by the Texas Department of Public Safety's own admission, violated it.
Here is a screenshot of the letter from TX DPS in 2010 admitting wrongdoing. The full letter and more details can be found here.
"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28
"But he said: Woe to you lawyers also, because you load men with burdens which they cannot bear and you yourselves touch not the packs with one of your fingers." Luke 11:46.
How I beat a $700 ticket in 30 seconds in court [featured on WhatReallyHappened.com]
Lunatic CHP cops go berzerk as female motorist successfully demands her rights under CA Vehicle code 3/22/13 [Featured on WhatReallyHappened.com , Economic Policy Journal, From the Trenches World Report , The Daily Paul (most popular of the day), Fourwinds10.net, and TheLibertyCaucus.com.]
Thugs Demand $200 from Motorist on California Roadside:
Benevolent Federal government finally allows truckers to sit in the front seat (featured on Devvy.com)
CA introduces "AB 666", an evil scheme to fleece motorists and eviscerate their rights 3/25/13 [Featured on WhatReallyHappened.com, Rense.com , Economic Policy Journal , and RomanCatholicReport.com. I was a guest on Dr. Kevin Barret's radio show Wednesday March 27, 2013 discussing the article and related issues. The MP3 can be heard here (2nd hour.)
Oppressing the poor and defrauding a laborer of his just wages: "sins that cry out to Heaven for vengeance" April 1, 2013
Easter 1939: Father Charles E. Coughlin warns of the war propagandists, their system of financial control & their evil "blood business" [Featured on WhatReallyHappened.com , Republic Broadcasting Network, Fourwinds10.net , cottage-two , rustymetals.com , usapartisan, & scoop.it.]
CHECKPOINTUSA.ORG - Excellent site!
One-half of the LTCCS crashes involved collisions between a large truck and a passenger vehicle (car, pickup truck, van, or sport utility vehicle). In those crashes, the same associated factors coded most often for the large trucks usually were also coded most often for the passenger vehicles. For both large trucks and passenger vehicles, there was a statistically significant link between the following 10 associated factors (listed in descending order according to how often they were coded for the large truck) and coding of the critical reason:
1. Interruption of the traffic flow
2. Unfamiliarity with roadway
3. Inadequate surveillance
4. Driving too fast for conditions
5. Illegal maneuver
Wake-Up Call for Carrier and Driver:
Falling Asleep Can Result in
By Marshal M. Pitchford and Christopher E. Cotter [link] Google cache here. .
HERE ARE THE TRANSCRIPTS
Off duty driver refuses to show ID to TX DOT Inspector
Texas State Trooper threatens arrest of driver for not showing ID
Civil Rights claim filed against Texas Trooper- Do not wake up sleeping trucker