Bugsy6 and OTR500 while it may be true in what your saying, but doing this will raise the LEO's suspicion. The both of you are forgetting that you can be detained for 72 hours without being charged. Also if you are assigned a company truck thoroughly clean every nook and cranny after the company details it. That way you know nothing is there.
New warrantless search laws
Discussion in 'Trucking Industry Regulations' started by otr500, Sep 27, 2009.
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Unless a law has particular exceptions it is all inclusive. As an example the law particullary addressed a man that was arested, on a traffic violation I think, locked in a police car, and his car was searched. If the police can not search a vehicle in this instance they certainly can not search a vehicle on a normal traffic stop.
It will not matter if you are on a bike, in a car, or a CMV.
Also, I have never in 16 years and 3 attempts let my truck be searched. I had a co-driver for several of those years and MOST certainly would never let a police in my sleeper with my wife nor break her sleeper break unless they had probable cause. We even had 2 scale inspections and several roadside inspections. She never left the sleeper one time. In fact, since none of the stops showed me out of time I never showed her log book. Was asked two times but of course it was in the sleeper with her. One officer told me I had to wake her. I told him she was tired(in the bunk about two hours)--naked---and "if" he wanted to risk what would follow he could wake her up, break her federally mandated break, and be responsible for us having to run illigal because of it. And if he didn't find anything wrong we would see under what authority he could do this. He didn't bother her.
But that is just us and I strive too know all I can about my profession, where I am at, and even laws where we travel.
Besides, there is NO DOT regulations concerning searching a vehicle. There are border regulations. There are port, and other secure areas that can not be entered without a search, but have to agree to it to enter.
If you can show me a DOT regulation concerning searches I will stand corrected but I am sure you can not. Never know though!
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You are so right but I MUST inform you that without probable cause even leading from suspicion(which can be anything an officer want's) but not bogus, you will not be detained on refusal to search charges.
The driving a company truck part is very true as it had better be inspected closely. A driver could drop a prescription controlled pill, get out of the truck, you get in, and could face charges.
1)- Do any of you personally know someone that has been detained 72 hours for no reason? Not just heard because people can lie and say they didn't do ANYTHING.
2)- I am very verbal, always very nice, and my verbiage is excellent. Since I know the law, will know I haven't done anything wrong.
I will expound on the fact that a threat of detention for executing my Constitution rights, confirmed by a majority vote of the Supreme Court April 21, 2009, will lead to a big civil liberties lawsuit so if this is a threat then lock me up.
Again, I do not do illigal things(that would warrant lock up or detention), have Hazmat and Twic card, so know I have more clearance than most of the cops on the road, so I am not afraid to practice my rights as a U.S. citizen.
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I have never done drugs or drank and I have never been afraid of Leo's. They know the law better than most---you can imagine--and know just how far they can push and be legal.
I just have not had much trouble on the road. Have ran into a few Barny's but it turned out ok.
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BULLCRAP.
They still need a reasonable cause warrant to search your truck. Suspicion doesn't cut it any more. -
Of course it (what they are looking for) doesn't matter.
Neither do I, but that isn't the point, is it?
I don't have a problem either, but that doesn't mean I am gonna let a cop into my truck who might want to plant "stuff" to boost his rep.
I can wait just as long as he can. I got all day.
What will his basis for requesting a warrant? Suspicion? More likely he won't get one.
Having a License and volunteering for a search aren't the same thing, and are mutually exclusive.
Constitutionally guaranteed rights don't have a thing to do with "politics". You can give up yours, I DON'T HAVE to give up mine.
Nothing to lose but your rights......otr500 Thanks this. -
Let it "raise his suspicion".......
That doesn't mean a crime has been committed, nor does it mean he will get a warrant. And that 72 hour thing........it only applies if he has REASON TO BELIEVE (ie: someone reported or he witnessed) you of committing a crime that would normally result in your arrest. It DOESN'T work as a "catch-all".otr500 Thanks this. -
I wish it was BULLCRAP!
LEO's are using new tactics especially in border states that effective tiptoe around Constituional Search and Seizure 'Rights'. Example: LEO's now term 'Mere' Suspicion as a LEO's 'right' to further investigate a vehicle(a non-consent to search would/could escalate the 'mere' suspicion to further scrutiny)
Is this legal or Constitutional? Not really, however it is occuring as we speak... Legal action against these LEO's is also extremely difficult as they evoke 'State' or 'Federal' actor status.
Make no mistake, these Gestapo tactics ARE currently happening.
Welcome to post 9/11 'Patriot Act' America! -
The LEO's can term it whatever they want... That doesn't mean the judge will.. If an LEO searches your property illegally, anything they find will be immediately thrown out of court.
I asked a DOT trooper about this and he told me YES they can go into your truck but only to inspect that you have the proper emergency gear (Extinguisher, triangles, etc). Without consent they cannot go into your personal effects (bags, cupbords, glovebox, storage area's, etc)
And if you read into the law, that makes sense. And yes, the patriot act is rubbish... I don't want to beat a dead horse here, but with that fact being brought up and people blaming Bush and conspiracy theories for the tragedy.. Well, we've lost some of our rights and privacy becuase of that.. So that seems like motive to me.
There were talks about being able to tap into phone lines and enter peoples residence without consent long before that.. It almost seems like 9/11 was just another push to get what they wanted. -
I don't see what's new here either. you have never been obligated to give consent to search. refusing consent to search does NOT give probable cause/reasonable suspicion to search. you can NOT be detained for refusing consent. an officer has to have more than a "hunch....." when they go to court, they have to be able to give the reason for the search (they saw your buying drugs/picking up a known prostitute/have a video of your just robbing the quickie mart, etc.) they can't just say "well, he was acting 'funny'...."
http://www.youtube.com/watch?v=yqMjMPlXzdAotr500 Thanks this.
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