Where in the FMCSA regulations do it say about drivers being stopped without reason?

Absolutely true. I was in Ohio and had just turned a corner. There he was pointing at me from the side of the highway. He almost made me late for a delivery. It always happens at the worst time, too.

 

You were NOT correct with that statement I quoted! Period! There is no grey area either! Cops DO NOT need warrants to search a vehicle stopped on public property. Now if you want to amend that statement by changing the warrant with ONLY probable cause I will agree with you!

 

100% correct if probable cause is established no warrants or anything else is needed.

 

Reminds me of when I was 15 runnin from the PoPo with a nickle bag , now its legal.
Give the feds time driver there already riding in your truck with you , weather you like it or not.

 

Thank you! Also, there are at least 20 court opinions on this topic. Breaking down all the different dynamics of this! These cases all start with the Carroll v. United States SCOTUS decision and later decisions have expanded on the scope of the motor vehicle exception to the 4th Amendment.

I will now repeat what I said in post #27.

 

If you want to read more on the subject, these are unofficially called a Terry stop. After the supreme court case of Terry vs. Ohio. The court set standards on what is and isn't a legal stop and what constitutes probable cause with more refinements added later.
Terry v. Ohio - Wikipedia

 

I'd have said "No thanks... I'll have that fixed in 10 mins right where it sits."

I carry stuff to repair airlines in the truck with me...

 

Dude, I was right in the first post in this thread and I linked to it. I'm just tired of typing the same #### over and over again so I said without a warrant. But in the first one I said WITHOUT A WARRANT OR PROBABLE CAUSE. With PC they can do what they want. I SAID THAT ALREADY. ####.

 

Great, that's all I wanted to see. I just wanted this topic to be clear! Peace!

The reason this is important is there are is a lot of people that go on and on about warrants being needed. Remember I am friends with cops, most now retired. These myths cause cops a lot of problems because there are so dang many truck stop Attorneys out there that are giving some really bad legal advice. Thankfully this search issue is not too serious a problem in the trucking industry, but it is with people in general. I was just today watching a video where a cop was fired for being a bully. Thankfully most cops can maintain their cool and explain the options of the motorist.

I have always said even on these boards to NOT become a jerk when dealing with an Officer. This does not mean you allow said cop to run all over you. There is a balance and most cops will respect this!

I was asked by a really young MS-Carriers driver years ago about this topic. I said you can consider it a good stop when that police light is off and the cop is pulling away and you still have your virginity! The sooner you can get that stop concluded the better.

HOWEVER!! Yes, there is always a but! Just as you can't use HIPAA to hide something that is a safety item from the carrier, you can't use these tactics to avoid a bust if the cop has established Probable Cause. All you are going to do is get disorderly Conduct charges etc.

 

That right there is why we call him FRANK SPEAK!