Can A CHP Officer Take My Log Book After Giving me a Ticket?

Many times a truck driver will be issued a ticket for speeding or other commercial violation and the officer finds that a log book violation exists.  He writes a ticket then commences to take the log book pages away from the driver and keeps them.  Is this legal? The authority given the CHP and other law enforcement personnel to seize evidence comes from California case-law. These cases grant law enforcement personnel the authority to seize and secure evidence necessary for future prosecution of the charges alleged. Pages from a driver log book containing information necessary to prove the elements of a criminal offense would be included as items which may be seized. In the case where the driver has already forwarded the original log book page(s) to his or her employer and only has one copy remaining, the driver will be allowed to duplicate the activity on a fresh log page(s) prior to the seizure of such copy. In Kern County, most officers, are advised that when available, copy machines should be utilized to provide replacement for seized documents.

One Response to Can A CHP Officer Take My Log Book After Giving me a Ticket?

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