DOT right to search without prob. cause??

Discussion in 'Trucker Legal Advice' started by newbee NC, Sep 10, 2007.

  1. Grouch

    Grouch Road Train Member

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    Between here and eternity
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    Talk about a pos and a scumbag, read this story.



    http://www.charlotteobserver.com/
     
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  3. southernpride

    southernpride Gone But Never Forgotten

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    now i think i have made it clear a few times how i feel about the DOT , not the man the job the man does , i feel for the most part thats its a frivalese job designed to get a drivers money only it has not a #### thing to do with safty for the most part BUT they do have a job to do and they did not make all the BS laws there job is enforcement and if they dont some one else will.

    HOWEVER to argue with one at a scale house or beside the highway is just plain foolish and will only cost you a lot of grief , they do have arrest powers and a gun and handcuffs and if you have never had handcuffs on let me tell you they are not designed for comfort neither is the back seat of there car, it makes for a bad day.

    a lot of you are under the mistaken impression that because you got a CDL it came with a law degree you need to do yourself a favor and back up and think a little bit, i dont mean play rambo i mean think it can save you a lot of grief.

    in the first place to argue with a cop of any kind is a fools game in perticular at a chicken house or beside the road you cant win you disagree , take it to court and yeah i no its a pain to do that not to mention expensive but thats the only way you can win. and if you resist arrest your not gonna believe what happens next, your not gonna have a good time .

    as for the retired DOT man that thinks all truckers hate cops , not so they dont hate you they hate what you do . take there money, has nothing to do with you its the laws you have to enforce that all envolve taking there money, try it for awhile you will wind up thinking the same way, you wont like it a bit in perticular if you have a family to take care of .

    now a driver ask , does the DOT have the right to search your truck without probabel cause ? no they do not BUT how do you no what the law considers probabel cause? most do not .

    for exampel you drive a commercial vehicle its different then a car although the same laws apply to a cmv there are more laws that also apply a lot more WHY? because you are a commercial carrier and you weigh 80000 lbs or more thats why there is a difference.

    the DOT primary responsability is commercial vehicles alledgedly to keep them and the drivers safe, my opinion HORSE HOCKEY but thats just me ive been out here a long time i have never saw a log book make a truck or a driver safe that is a fantasy designed by a politician to make money for the goverment and that is all it does.

    now does he have the right to search your truck well here is a surprise for all you rambo lawyers , UNDER CERTAIN CONDITIONS YES HE DOES PERIOD.

    if he has placed you under arrest, yep he can and will search your truck its called a custodial search and further more if during this search he finds contraband of any kind its another charge and if he does the job right he wil enventory all that is in the truck and make a record of all the contents so you cant say he stole somthing when you get out of jail. as a matter of fact he can be standing onn the ground and just happen to look thrue your windshield and see somthing illegal oops that is probabel cause your gonna get searched its called the plain view doctrin if he can see it he can charge you for it . period.

    now this is from my state which is FL but most states are pretty much the same . if he as a professional police off feels that in his profesional opinion you are acting in a suspicious manner he can use that as probabel cause for a search, his opinion , keep that in mind probabel cause can be about anything .

    THE BIG THING TO REMEMBER he is law ENFORCEMENT he does not wright the law his job iS ENFORCEMENT and that is what he does that is all he does except collect your money which he does very well. as far as the law is concearned you can thank BIG BROTHER FOR THAT ALL OF IT .

    but you cant really expect any better when you put a women in charge of the DOT who cant even spell truck and has no idea what a truck is or does how can you expect any thing else.

    the main thing is if you give him reason he can and will do about what ever he wants to do up to and encluding put you in jail and i have seen more then one driver talk his self into jail and believe me when i tell you it is not a pleasent expeirence.

    so when you get stopped and sooner or later you will might use a little caution before you engage that ol mouth it can be expensive.

    best of luck to all of you , stay safe .

    southernpride :biggrin_25514:
     
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  4. oldguy1957

    oldguy1957 Bobtail Member

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    Jan 14, 2010
    Andover,MN
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    Thank you !!! for your imformation and insight on the law.
     
  5. The Road Dog

    The Road Dog Light Load Member

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    my 2 cent's; I thought this was a Trucker's site? you trooper's/cop's...got to but in hear too! don't you get enough of making our lives miserable out there on the road, while we try to earn a living? Go back to the dougnut shop!
     
  6. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    The DOT guys are welcome here as long as they live within the forum rules.

    Same as any other member that signs up.
     
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  7. notarps4me

    notarps4me Road Train Member

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    Yeah, but here we get to tell them to pull around back and explain yourself....:biggrin_25523:
     
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  8. AfterShock

    AfterShock Road Train Member

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    Inland Empire, California
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    I wonder if there's a website comparable to this site
    for L.E.O.'s ? And if so, is it exclusively for them, or

    would we be allowed to read their comments and opinions
    or otherwise participate?
    :smt102
    That might be an interesting read. :biggrin_2558:
     
  9. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    There are cop forums. Just use google.

    And let me say that some of them will have cops on there that absolutely hate your guts as a truck driver. Its possible you'll find a forum where some of the posters on there think they are the king of the world and their sheyat don't stink. In their eyes every one else is a 5th class citizen.

    If you are easily offended I might recommend that you not go look at some of the comments I've seen. Just accept that we got a couple good cops posting here. Some folks have came down pretty hard on MikeMD for some of the things he says. Rest assured that Mike's comments are like a tame little kitty compared to some of the comments that you can find on the net.

    You'll be better off going and reading the book I mentioned above. "Truckers and Troopers"
     
  10. Admin

    Admin TTR Forum Owner Staff Member Administrator

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    The DOT cops and other LEOs on the forum spend a lot of time explaining regulations to confused drivers and alerting members to issues that could result in hefty fines or career-ending tickets, they're not on here busting anyone. This forum is about helping drivers manage a career in the industry, it's not a personal whining zone, and if you can't learn to appreciate what an incredible asset these officers are to this community then this isn't the right trucking forum for you.
     
  11. nikondvr

    nikondvr Light Load Member

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    I had my truck searched one time coming out of the port authority in savannah, ga. They had decided to start searching all trucks exiting the port just as I pulled up to the gate. They went through everything in the truck except my briefcase which was locked and they didn't even ask about it. Wish I had my camera gear cases locked because I really don't like someone I don't know messing with thousands of dollars worth of gear whether they are LEO or some schmuck off the street.
     
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