I was reading a trucking blog and a driver mentioned the cops asking to search his truck at a weigh station in Arkansas. Does this happen a lot? I don't drink, smoke or do drugs so I would have nothing to hide but I'd still be bothered by the cops wanting to search what is essentially my home. That being said cops don't take kindly to denying their requests for a search. So is this something I'll have to get used to?
Do cops ask to search the truck?
Discussion in 'Questions From New Drivers' started by bpfish36, Jan 19, 2013.
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That's a good question. I never consent to a search of my personal vehicle. Like yourself I have nothing to hide, it's a personal liberties thing for me. However entering a field that many will say is over regulated by the government it might be something we have to get used too.
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If he has cause. He is a LEO.
And being most drive company trucks they can get permission that way if you say no. I think. -
It's generally probable cause. That's the only time they are going to search. If you give the cop a hard time or give him a reason, he will search you.
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I would have to see a warrant before my truck was searched.
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I've had the vehicle searched at military posts but I've never heard of a search at a scale.
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I worked gate security at a chemical refinery a few years back. We did access control for tankers and some dry van. I remember for that situation there was some sort of Department of Homeland security crap that would allow us to search any truck at anytime before entering the secured area. I personally was not comfortable going through someone else's vehicle that way so I never did, nor did our supervisor require us too.
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I am a truck driver. I' m also a reserve police officer. I would say you shouldn't worry too much about being searched. That said, some of the police officers around these weigh stations may be able to enforce federal laws and there may be some caveat that I'm not familiar with. The fourth amendment protects you from illegal search and seizure. If I want to search you, I need your consent, probable cause or a warrant. If probable cause exists then your person and your vehicle can be searched without your consent.
Probable cause exists when "the facts and circumstances within the police officer's knowledge are sufficient to warrant a reasonable person to believe that a suspect has committed, is committing, or is about to commit a crime." For what it's worth, I''ve been driving for a long time and I''ve never been searched, never even had anyone ask to search my truck. If you're trucking you've got plenty of other stuff to worry about without letting this issue take up your time. beermooch67, Red Hot Mess, 48Packard and 8 others Thank this. -
ON another thread someone posted that they had the request of search, it was not at a scale because they had him wait in their car while it was conducted.
It does seem that more and more rights are taken away. I think if you had your curtains closed esp, that they should not be able to just search your truck, but I know a lot of people think they will just further irritate the leo's and they will nitpit everything. -
http://www.landlinemag.com/Magazine/2006/May/News/Search-Seizure.aspx
In the past I argued strongly that operating a commercial vehicle on a public road meant you were subject to inspection (including interior cab searches) just as a restaurant is subject to restaurant inspection. However, after reading the article posted by someone here I've changed my mind.
I've never once in almost 20 years had so much as a request to look inside the truck. If you want to maximize your rights I would answer anything that sounds like it might be a demand to search the truck with "I would like to leave if I am not being detained, and I do not consent to any search." I also would not interfere with the search. That will just get you more trouble.scottied67, EZX1100 and Red Hot Mess Thank this.
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