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

A fellow whose job at the FAA, required him to travel by air to remote airports in Alaska, was been placed on the no-fly list, because his name sounded like that of a suspected terrorist.

Land of liberty. You work for the government, in the agency that regulates air travel safety. Work there for decades. And your liberty is so infringed upon that you can no longer do your job for the government that is doing the infringing, because of the sound of your name.

He wasn't any kind of minority or immigrant. Just had an unlucky name.

Rights? You ain't got no stinkin' rights. Granted by the divine? Nope. Granted by that dude with the badge and gun, at his pleasure, and revokeable at his convenience. Sue later, if you like. And if you still can. You might even get a pittance for your trouble.

 

Getting on the list is easy.

Getting off? Not so much...

 

you are to start the story you ain't going to believe this but a trucker told me this.

 

Because you have the right to say no and exercise your protection under the Constitution prohibiting unreasonable searches and seizures. If they have probable cause or a warrant, or if they are enforcing regulations, they wouldn't be asking my permission. Without legal cause, and absent my consent, and "evidence" they plant will be tossed out in court, because it was obtained through an illegal search. Once you give consent (or open your mouth, for that matter), you just make your lawyers job that much more difficult. You have the right to remain silent, so shut up. You have the right to be secure in your person, houses, papers, and effects against unreasonable searches and seizures, which SHALL NOT be violated.

I don't buy the whole "if you've got nothing to hide" BS. In this country, we are presumed to be innocent until proven guilty. If they have a valid reason, they wouldn't be asking. By automatically agreeing because "I've got nothing to hide", you're essentially taking the position that you are guilty of something until you prove you are innocent. It is NOT up to you to prove you are innocent, but rather THEIR job to prove you are guilty. They should not be harassing you unless they have cause to believe you have done something wrong. Absent cause, they need to leave you be...which may involve you politely asserting your rights. Make what they THINK their job is as difficult as possible, without crossing the line to obstruct their legitimate job. Let your lawyer deal with that if they cross the line.

 

Flying is a privilege, not a right...much like driving a car. That exact situation has happened to numerous people (including the late Sen. Ted Kennedy)...which is WHY the NRA fights adamantly to prevent the "no fly" and "terror watch" lists from being used to deny a person their 2nd Amendment rights. Getting placed on the list might be an inconvenience if you're trying to fly...but could make you a criminal for attempting to buy a gun. That and the right to keep and bear arms IS a right, whereas flying is only a privilege.

Privileges come from man, and man can revoke them. Rights come from the creator, and are unalienable.

 

Are you sure?

...the number of federal regulations (enacted by administrative agencies under loose authority from Congress) carrying criminal penalties may be as many as 300,000.

And it gets worse.

- https://www.usatoday.com/story/opinion/2015/03/29/crime-law-criminal-unfair-column/70630978/

I vehemently disagree.

 

Liberty is an "inalienable right". It just lacks protection, so it gets infringed on at every turn. Walking is also a privilege, and property rights trump liberty, if you walk onto private property - and government-owned property is still treated as 'private', inasmuch as it isn't yours, to walk on. You can't walk on most public highways, so if you can't drive, fly, walk, or ride (also not a right), then what liberty do you really have?

The answer is that you don't really have any, whether "liberty" is "inalienable", or not. This also applies to the right to the pursuit of happiness, and increasingly, to your right to life. You may pursue happiness, as long as it doesn't require you you follow it anywhere, and as long as it doesn't offend anyone. And you get to control your right to make life-or-death decisions, only as long as you are conscious. And the government may punitively beat you into unconsciousness, without trial, as long as prosecutors refuse to prosecute cases against the law enforcement officials that they work with, daily, when it happens... or they can find some excuse, after the fact, to hang their hat on...

Is it still on the books, that you have rights? Sure. Are they enforceable, in practice? No. You might be able to sue, if you live long enough, if you can afford to do so, and if the legal system permits it. You might even win a pittance, if you're lucky.

 

Google "Carroll vs US" for more on this exception.

 

As a preliminary point, I am an attorney but do not handle criminal defense anymore. I am an employment attorney for truck drivers. I do know, however, how to read the United States Constitution and how to read Court cases.

The Fourth Amendment to the United States Constitution states as follows:

Note, the test is whether the search is unreasonable.

There is a whole body of case law, somewhat all over the map, on what is an "unreasonable" search.

Courts have generally upheld warrantless searches of commercial vehicles and even motor homes if there is probable cause to believe there is contraband contained in them. Also, they have held that there is a low expectation of privacy in a CMV, even in the sleeper berth.

In my opinion one has a high expectation of privacy in a back pack. These contain personal effects.

The Supreme Court has established a two-part test to determine if you have a legitimate expectiation of privacy: (1) Did you expect some degree of privacy; (2) Is you privacy expectation objectively reasonable? (Would a similarly situated reasonable person have the same expectation of privacy?)

As a general rule, Courts uphold a person's expectation of privacy in purses, bags, etc. Back packs, in my view, are no different.

 

This is from personal experience.
Got pulled over by a DEA cop in Texas. He was sitting on the grass watching traffic and took off after me. Drove behind me for 2-3 miles and pulled me over. The reason was my trailer tires touched the white line. Yes when you have a cop on your ### for couple miles you may do that.
He got me for log book and told me he'll shut me down. Then ask to search my truck I said no. Cop told me he can get a search warrant, but that may take hours. I said have plenty of time since he was going to shut me down.
Two more cop cars showed up and the officer in charge ask me to get in his car. Had a conversation where I'm coming, where I'm going etc. Told him I was on my way home for Christmas (2 days away) that's why I was over hours on my log. When asked why wouldn't I let them search the truck I told him that they were going to shut me down anyway why would I make it easy for them. He offer to let me go If I let his dog sniff around the cab and trailer as long as the dog doesn't find anything. I know cops can legally lie to you to get what they want, but I took my chance.
The dog sniffed around and didn't find anything. Cop kept his word and let me go.
So cops can not search your truck without:
1. Probable cause. Yes they can make something up, but if they find anything illegal they have to explain their probable cause in court.
2. Search warrant.
3. Your consent.
There is a reason they ask you if they can search your truck. If they don't need your permission, they will not ask. It's up to you in any given situation to let them search or not. In my case letting them search was my way out of another jam and worked out fine.