New warrantless search laws

otr500,

Don't believe this applies to commercial vehicles under DOT regulations.

 

It absolutely applies to commercial vehicles. Law enforcement can inspect your load, can inspect your on board safety equipment, even check for bunk belts on team trucks, but they cannot search your truck without a warrant unless you give them permission unless they have probable cause.

 

Actually, and unfortunately it doesn't apply to commercial vehicles. A stipulation that commercial drivers have given by obtaining a commercial licence IS 'implied complience'.

In short, 'implied complience' effectively allows law enforcement to tiptoe around the Constitution AND Constitutional Law.

When you think of it, this is really quite comical... Federal LEO's are required to take an oath or swear to uphold the Constitution... then, are given circumstances(rules) to circumvent these very ideals.

 

Man, you guys are really in the dark if you are just hearing of this. There is really nothing new here. All the same rules for searching vehicles that we have been playing with for years. Except, it pretty much takes out the blanket "search incident to arrest." Search incident to arrest gave you the entire area in the vehicle that the operator or occupants could reach when they were arrested. What Gant did was now make it where I'm looking for fruits of the crime when I arrest someone. So in basic terms, I lock up a drunk. I search the car, because I have probable cause to do so, and I'm looking for alcohol. If I lock up a suspended driver, I'm looking for documentation that indicated the suspension, old citations etc. Nothing new here guys. You either need probable cause, consent or a warrant. Probable cause can be a wide spectrum to include a K-9 alert on your vehicle.

 

There was a tip that was printed in one of the trucking mags about searches in a truck. When asked if they can search your truck you ask them what specifically you are searching for and they must tell you. Not that it really matters!

Me, I carry no weapons or non prescribed drugs except for aspirin. I carry a box knife in my tool pouch for unloading and a Leatherman tool that does have a 4" blade and it's in the tool pouch as well which is under the bunk but not easily accessible.

I have no problem with a search of my truck! Please help your self officer, but I would prefer it if you would put a dog in there if you have one please! I want it done and over with to get that load where it needs to be! Both times I've had a cop ask, the most he did was to stand in the sleeper and look and move a few things around and then get out with a thank you!

When you pop off your mouth to a cop demanding a search warrant, then be prepared to sit your happy self on the guard rail or on that hard plastic seat in the back of the car waiting for the warrant to arrive! That officer doesn't mind sitting there at all! Gives him a chance to catch up on his paperwork as you are loosing hours off of your logbook and I bet your dispatcher is not a happy camper that you are going to be late on that load!

That warrent will arrive, but not in a few minutes either! Then instead of a casual look see they are going to have everything in that truck out on the ground and torn apart looking for a pot seed or loose aspirin on the floor!! They can and have gone as far as to open CB's, taken laptops apart, pulled panels off of the interior of the truck and have the dash sitting on the seats!

Yes, you can tell me that I'm giving up my "rights" as a citizen but go read that drivers license book and on every state that I've seen, the letter in the front from the governor tells you right off that that license is NOT a right but a privilege! Even in the trucking mags where drivers have asked the same question over and over about searches of your truck the replies from the lawyers all come back the same way. They are legal. Even if you "think" it's your home. Not to say this new tidbit might change things but why make life hard on your self just to prove a point that you will loose!

Save the political bull crap for later and save yourself a ton of grief not to mention a late load and having to replace everything back into the truck!

Keep it legal in the truck and you have nothing to loose but a few minutes!

 

Man, that could get you in some serious trouble one day.

Never consent to a search. You have no idea what is in your vehicle or what someone else might have put there without your knowledge.

You don't have to get an attitude about it, just reserve your rights and tell them so.

They're gonna do what they are gonna do, after all they are the ones with the badges and the guns.

If you do not waive your rights, all the "evidence" is gonna be tossed out of court. If you waived your rights, it's gonna stick to you like glue.

 

Actually, it IS a Constitutionally protected 'Right' to free unmolested travel within our borders. Yes, yes, I know that the powers that be, like to call it a 'privilage' but if you do some digging travel IS indeed a 'right'. Vehicles even ones assigned to you, can be deemed personal property and/or effects.

However, you are correct. They can indeed search your truck due to 'implied compliance laws'. Which are "Unconstitutional".

 

In Canada they can search all they want without a warrant but they won't because not only will they not be able to get a conviction with the fruits of an "illegal search" but they are going to have to pay big time when I sue the officer and his department for trampling on my constitutional rights. " I'm so scared of police harrasment after this episode, your honour that I can't leave my house any more or go to work. Million dollars please.
It's been done so many times here that the cops are very careful. I have been asked by a cop to identify myself to him, Show ID. I asked him why? He had no reason at all, "just checking he said. Well I told him that we do not live in a police state and he"s not the Gestapo,so get lost and bug someone else and by the way show me your ID and YOU are required by law to do so. He complied.

 

Here is what a lawyer tells us.



Officer, Please understand:
I have the right to have an attorney present if you want to question me or conduct any search of my body or personal effects. I am not giving my consent to any type of search.
If I am under arrest, I wish to invoke and exercise my Miranda Rights. I want to speak to an attorney now. I do not want my personal property impounded, nor do I consent to any impoundment. I request the opportunity to secure my personal effects.
If I am NOT under arrest, please tell me immediately so I may leave.