Hi I have a legal question that is not related to anything in my career as I have yet to begin driving a truck. My question relates to the 4th ammendment in a CMV. I was thinking about carying a locked safe in the cab of my truck when I start driving. I was wondering if the DOT could search my cab and order me to unlock it with out my consent. I dont think they can do this in a car, but I was wondering if the law was different for a CMV. I would not carry anything illegal but I dont like the idea of some cop riffling thru my personal belongings for not apparant reason. If anyone can advise me on how the 4th ammendment relates to trucking it would be much ablidged.
Thank-you
DOT right to search without prob. cause??
Discussion in 'Trucker Legal Advice' started by newbee NC, Sep 10, 2007.
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If the papers are that important, best to use a bank safe deposit box.
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Not sure, that's why there's google. You can't be made to do anything except get out of your truck, make them open it.
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A search without a search warrant is only possible if "probable cause" is found. This includes the house you live in, the car you drive, and the truck that you drive for a living. Now! The officer might aske permission and if you give it, then it is all legal, but if you say No! That officer has to go to a judge and get a warrant and in the meantime, another officer has to stay there with you. You cannot be left alone, while the officer goes to the judge to obtain the warrant. If a search is made without your permisssion and without "probable cause", seek legal help.
I am medicineman and Faber Thank this. -
Does the term "implied consent" ring a bell with anyone?
rxpsanderson Thanks this. -
I know implied consent refers to DUI and submitting to sobriety tests but is there anything in this part of the law that relates to unreasonable searches in a CMV?
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No such thing in America as implied consent. You are innocent until proven guilty in court. Refuse all tests, they arrest you, run a blood test, then charge you for not taking a sobriety test. If any of the so-called judges have ever opened the Constitution they realize how such laws are illegal in American Justice, they assume guilt instead of innocence, which happens to be the opposite of American justice.
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I've read, in the J.J. Keller Compliance Manual, that a CMV, and trucking in general fall under the category of "safety sensitive operations". Because of this status warrant-less searches of CMVs are legal.
With that said, never consent to anything. If Mr. LEO (Law Enforcement Officer) asked to search your truck, tell him he is free to perform his duties as prescribed by the Constitution of the United States and inform Mr. LEO that you will not hinder him, in any way, from this task.
Mr. LEO is gonna' do what he wants, regardless of your consent, or the Constitution. If you don't consent, then there is a 50/50 chance that whatever he plants, err, I mean finds, won't be admissible in any possible court proceedings.
I really worry about the "Cocaine Cowboys" watching the interstates. What's to stop them from having a little fun on a slow day at some poor slobs expense. They have dope. They use it to play and train their dogs. They have access to the actual runner's stash when they catch one. If they keep a small portion they now have insurance that any stop can result in a bust. It makes them look like heroes.
Don't forget money. If you have a grand or more in your possession you are fair game. It'll cost you more than they take to get it back.
Once upon a time, you actually had to do something wrong to have concerns about Mr. LEO taking actions against you. Even if you were a suspect, you were treated Constitutionally. Now if you just look like the type of person who "might" be a "person of interest", or have a little more money than they think you ought to, or fit a certain racial/religious profile, you are toast. [/rant] -
Basically, the day you received your CDL, your rights took a back seat to "Public Safety"
truckerdave1970 Thanks this. -
Some of the above posts are the reasons why LEO's don't like truckers. 99% of the statements made are complete BS. I know for a fact that I come here to learn the truckers aspect of driving and lifestyle etc but hearing some of this makes me wanna stop more trucks, perhaps I should stay away and lurk. It gives me the impression that all truckers hate cops so why not treat all truckers that way! I'm a better man than that . A touch more reasonable to understand that all truckers are not the same.
There is implied consent to certain aspects of driving and holding a CDL. There are no legal aspects that allow me to open a locked safe unless there is probable cause to believe that the safe contains evidence of a crime which has already been established.
Many of the above statements regarding "planting" evidence is so old school it's not even funny. The idea of planting evidence is as old as driving a suspect to the middle of a field and giving them real justice w/o preceedings. STOP STEREOTYPING
Your Constitutional Rights do not change while in a CMV unless your company has designated certain regulations.BryE, Leftlane101, I am medicineman and 5 others Thank this.
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