Can DOT legally search my backpack, even if it's on me when he searches my cab?

Did you know that about 2/3 of your population lives within 100 miles of the border?

 

There is a Ethan Allen Factory that put trailers against the fence in sight and eyeballing of the Canadian Customs gaurds. It's almost as if you were tractor inside the USA and picking up a trailer shoved against the fence on the actual vt canada border.

That particular shipper has a name on my heart for another reason, there is a 3 mile 21-24% grade that hurt my little 350 cat that day coming back south loaded. But we did it. Say what you want teasing the little kittens, those 350's cats cannot be destroyed. Lord knows Ive tried.

 

My understanding of that is that as a non citizen they can search my vehicle without probable cause. However, they need probable cause or a warrant to search the vehicle of citizens.

This is just one source but many can be easily found that say the same...

http://www.nbcsandiego.com/news/loc...ts-Border-Checkpoint-San-Diego-412443333.html

 

The problem is that it's not a rationalization. It is the position that both the legislature and courts have taken. Whether or not driving SHOULD be a right, is a matter open to debate. Whether or not it IS a right, is not a matter for debate; that has been well and clearly decided - and as a result, you don't get to keep your underwear, moist dildo, or your crack pipe, private, in a motor vehicle on a public roadway, if the officer is determined to conduct a search of it.

I'm with you on all points, in theory. In practice, the law is what it is - not what it should be, or what we might want it to be. Neither the legislature, nor the courts, nor that officer on the highway, are there to represent your interests... despite everything written in the Constitution, Declaration of Independence, or any other writings by the founding fathers. And I think that we are all aware of that. We don't like to acknowledge it, because it means admitting that we are an oppressed people, and "democracy" has failed us... and that we should probably either fight or leave... and that there really isn't anywhere left to go, that would be an improvement. But in our hearts, I think we all know it.

I just noticed this point... "no one has ever been denied a license for reasons unconnected with the safe operation of a motor vehicle"... I'll cite child support payments, as the most obvious example, but there are plenty of others - many, particularly in areas of civil law and debt... unpaid civil offense fines, unpaid taxes, and the like. I got fined $1400 once, for failing to mow my lawn in a timely manner, and I had to pay the entire fine in 30 days or have my license suspended, because the Magistrate determined, at her sole discretion, that I could afford to do so. I could have appealed it, but it would have cost $5k to do so. Your driving privilege is one of the first things that the government will target, for any hare-brained reason that they can think up, because it is so poorly protected, and so absolutely necessary. It's not a right. Not by a long shot.

 

That's a myth. Fact is, if the officer wants to, he can check the sleeper berth for compliance with the regulatory requirements of a sleeper berth if you are showing time on line 2. Occupant restraints, bedding, proper mattress, etc. That gives him access to the sleeper, EVEN IF the curtains are closed, and WITHOUT needing probable cause, consent, or a warrant. Anything in "plain view" is fair game. A closed backpack would still require probable cause, consent, or a warrant to open.

As for your backpack, it is easier for the officer to search it when it is on you than if you'd left it in the truck. In the truck, he needs probable cause, consent, or a warrant to open it up. If you're carrying it and he is talking to you outside of the vehicle, in many places the officer is allowed to search you for weapons to ensure the officer's safety. If you're carrying the backpack, it's going to at least get felt up (just like you).

Bottom line, don't carry anything in the truck you don't want found...and if you do, leave it hidden in the truck. Either way, NEVER consent to a search. If they had probable cause or a warrant, they wouldn't be asking.

 

You are stretching it with snopes. You should really research it. Maybe wiki snopes lol.

OP are you a company driver, lease, or O/P? If company the company can give permission.

The legality aspect is a good question and would require further research.

I've been pull over and Dot'd numerous times never once have I been searched it had my truck searched. This begs the question why were they searching your truck?

If you get and put backpack on during traffic stop or inspection red flags will go up. Now they will be dieing to know what is in the bag as are we. They will find a way to search it. Either you will give them permission or a judge will and you will be detained until then. You have aroused suspicion by getting out and putting back pack on.

Where is @TROOPER to TRUCKER on this topic.

 

Trucking is a whole new ballgame. Anywhere you can reach can be searched.

 

Your points are taken and expressed quite well. They are, of course, to be taken from the point of view of what you believe currently exists, and not of what could be effectively argued in a court of law. I think we are in agreement in principal.

Just in case it wasn't clear....I was arguing that the trends and climate of things might very well allow an individual to effectively argue the constitutional status of a law that would permit an officer of the law to conduct an unwanted search of private items in a commercial vehicle. The important thing to remember is that in order to be in a position to later argue, you must have resisted the search from the beginning and never given your permission to conduct the search.

I agree that are certain exceptions to the rule where a driver's license is placed in jeopardy due to some illogically-connected infraction that one may have committed. You cite some good examples which, again I believe, might be constitutionally challenged by anyone inclined to do so. However, they are just that---exceptions to the general rule which, in my opinion, does not discount the validity of the rule. Search and seizure laws are unquestionably a gray area of our laws.

Finally....You were charged $1400 bucks for not mowing a lawn and had your license status threatened as a result ?? I can't think of a more clear example of a distortion of the law that conspires to take away our "privilege" to drive. Such disconnected logic is surely assailable by common sense if not a violation of our constitutional protections. I'd argue that all day!

Thank you for your intelligent responses.

 

Just tell them that you are a "sovereign citizen" and mutter something about article 4 . ..... funniest clips on YouTube.

 

I reckon some folks were never told to always wear clean underwear in case they have a crash and the paramedics are good looking blondes. My point is the attachment to said back pack is kid like (his words). Might be time to grow up maybe. Don't carry anything in the truck you don't want shipped to your mother/grandmother what ever in the event of a bad one.

Don't miss construe my post to mean I'm for search I'm not. If a man truly wants to work and succeed he has already decided that he needs to leave the toys at home