There is NO difference between a Commercial Motor Vehicle as defined in 390.5 and a personal vehicle when it comes to the vehicle exception to the 4th amendment. The governing caselaw is Carroll V US ruled in 1925. At first, it applied ONLY to Federal Agents, but in the 1960s the court changed this and made it apply to ALL cops. Cops still are not supposed to be going on fishing expeditions with no basis for searching. They are supposed to have a dang good reason regardless of vehicle type to search (probable cause). I can't remember the cases, but the courts have tossed out evidence discovered by cops searching vehicles with no established probable cause. This is why I advise everyone to record ALL contacts made with police officers. CYA!
Question about firearms
Discussion in 'Questions From New Drivers' started by Riotside, Jul 30, 2022.
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snowlauncher and Numb Thank this.
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It's so much speak about CCW rights on here, but OP, the reality is you're most likely going to a major reputable company. You'll need to have it in your mind that a firearm will not be allowed in the truck. You'll also need to have it in your mind that most places you go to, you probably won't need it anyway. We are confined to truck stops and warehouses. It's our own world out here. All that being said, if you're going to try to get away with it being in your truck, be smart about it. When you go to whichever company's terminal, put it in a case and hide it somewhere, don't let them see it with the naked eye. If they tell you that you gotta leave it at home, then do so. Don't argue with a company about their policies, same with a potential shipper or receiver as well. Truckers, more often than not, are too concerned with showing how big their balls are. They also make the mistake of dying on the wrong hill. Whatever you do, be careful. -
I run into this so much I could scream. More times than I would care to admit, I have accompanied a Parent or the wife of a trucker to attempt to get them out of jail because they were given real BAD legal advice by some dang truck stop attorney!
I am not trying to say in the US a person regardless of if they are a driver or not has no civil rights. Far from it. I am saying learn what those rights are and in some cases the case law behind why there are some exceptions. -
usamerica, Crude Truckin', tscottme and 3 others Thank this.
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Big Road Skateboard, buddyd157, Mototom and 1 other person Thank this.
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Get a permit most other states recognize and just be careful rolling through states that don’t.
Learn how to apply the peaceful journey law. This will save you the most.JonJon78 Thanks this. -
It's the guy that comes from nowhere not saying a word with pistol pointed at you is the 1 you better worry about..
The trucker standing there running his pie hole saying .. I gota gun ....I gota gun and will shoot you.. is the 1 that ain't got t he nadds to squeeze the trigger... hell... probably doesn't even have bullets in it
Carrying 1 and using 1 are to complete different horsesBig Road Skateboard, Brettj3876, God prefers Diesels and 2 others Thank this. -
if a person can legally buy a gun, can legally own a gun, and qualifies to obtain a carry permit, then dang it, allow carrying all over the place.
respnisible gun owners do not go out looking for trouble, but i'd imagine, there are some "bad apples" out there that do.kemosabi49 Thanks this. -
W923, Brettj3876, God prefers Diesels and 2 others Thank this.
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