truck search by police

Never happened to me. If they did want to search the truck, I would pull the curtains and tell them to have fun in the front. They want in the sleeper, they'll need a warrant. Commercial vehicle or not and without probable cause, they're not searching my sleeper.

 

There are a few things under the FMCSA which gives them the right to inspect your sleeper birth, so technically they are allowed to go back there without a warrant under the guise of the FMCSA regs. This, however, does not allow them to rifle through your personal belongings, for example, searching your duffle bags, or opening cabinets.

The problem is how you'd prove they did, and how to prove you incurred damages from said illegal search. Naturally, they would be unable to use evidence from that type of search in a court against you if they had no right to be searching like that. Unfortunately, in this day and age, they do whatever they want anyways, and if they have a boner for you, they'll pin you with whatever they want, regardless of your innocence.

 

I don't own the truck, you will have to contact the owner. Here is their number. If they say yes, have at it.

 

During a DOT inspection they can check the sleeper for a proper bed and bunk safety belt, during that check if they see a bong or something laying out in the open they can legally use it against you, but they cant rummage through closets or search for hidden things.

A Federal Judge in OOIDA vs Minnesota ruled that for a search of the truck to be valid the officer must have "articulable reasonable probable cause".

To address the OPs question, I ran over 800 miles a week for 5 years across ND and never saw or heard of any aggressive or even enthusiastic enforcement by NDSP.
With at least 40 trips a year over 200 total I was DOTd once caught a weigh station open maybe 5 or 6 times and passed 4 scales per trip.

That's just my $.02 on ND.

 

Sounds like the they were perhaps looking for drugs or had nothing better to do, and yes I believe they have done this before to other people, not sure what state it was though. I believe the consensus was you don't want to make them mad, but they are not supposed to be in your sleeping area, but if you have stuff out that can be seen such as an unmade bed that did not have sheets on it which one trucker was written up for last year. Also dot does have portable scales in some states.

 

3 decades worth of time and never ever heard of this happening to anyone...but I believe a warrant would have to issued..

 

I'd have to see the ticket for an unmade bed to believe that...that sounds a lot like the white sheet story.

 

Under FMCSA Rules and Regulations, Police DO HAVE the Right to Search the Sleeper Birth, without a Search Warrent (Unfortunatly). Refusing is Impeding an Investigation or interfering in an Investigation .. Both are Felonies ...