Sounds like that guy had a ruined load of produce and wanted to have a reason to blame somebody else for it being ruined.![]()
New warrantless search laws
Discussion in 'Trucking Industry Regulations' started by otr500, Sep 27, 2009.
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I agree Police may "pat-down" your clothing if they suspect a concealed weapon. DO NOT physically resist, but make it clear that you don't consent to any further search.
Upon request, show the police your driver's license, registration, and proof of insurance. In certain cases, your car can be searched without a search warrant as long as the police have probable cause. To Protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search.
I will not answer any questions the police ask,other than my name,without my lawyer present.What you say can and WILL be used against you.However what you say will not be used to HELP you.
ALWAYS ask if you are free to leave. -
Nope, you got the decoy and the big load went on through.
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Your right and the owner wanted to complain, but it went no where. I guess he made a claim to his insurance.
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probably. But what are you to do. Could have, would have and should have?
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I got searched when I was moving backup here to TN. 26ft Penske. DOT didn't feel like crawling over all the car parts and engines. They believed me when I told them what I was hauling.
I've been searched several times in my life. Once while sitting in a 7-11 parking lot. Waitng on a friend. I was scratching mosquito bites on my ankles. The cop claimed I was hiding something under the seat.
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So now you know that in the world of cops, certainly in the area you were in, scratching mosquito bites is probable cause. He saw you hiding something but did not know what? This is certainly not illigal, reasonal suspicion, or probable cause for a legal search.
It could be grounds, as for as the police are concerned, for reasonable suspicion to investigate a little farther.
What many fail to understand that reasonable suspicion, by definition of many courts, including the Supreme Court, has a clear definition. In short it means a reasonable person would have grounds to believe that a crime is being committed, is about to be committed, or has been committed. There maybe some to argue this point but there are so many court cases to back this up it is amazing. A police officer would even have legal grounds to perform a Terry pat/search but not a vehicle search using reasonable suspicion.
So finish the story? What was searched?
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He looked under my seat. I had a pizza and a 6 pack of Michelob. I was 20 she was 17, she was the date of the 18 YO guy in the store. No open containers. Cop asked her how old she was and told me to take her straight home. Made the comment, "the beer is cold." I said. "no it isn't. The beer is getting warm and the pizza is getting cold." They never checked my ID or anything.
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The merits of searches can be argued forever, there are fleets of lawyers doing that every day.
Some basic observations
1) Never, ever, ever consent to anything. Refusing consent cannot get you in trouble, but consenting could (other drivers stuff, bad cop, lazy cleaning crew, etc...)
2) Anyone want to know how badly a patrolman's ### gets chewed out for holding some trucker 6 hours, getting another patrolman to babysit said trucker, while sargent calls the captian, who calls the general counsel on duty, who creates a warrant, runs over to the Judge on call (or to wake them) to get the warrant, who signs it, gives to general counsel, who faxes it to captian who gives it to sargent, whose drives lights and sirens out to the middle of nowhere, the patrolman A and B search the truck...to find...nothing..... One minute the Sarg is planning a big press event for stopping the flow of drugs, the next he is planning on how to assign you to latrine duty for life.
3) Guess how much police departments hate to have to pay overtime for substitute officers because a patrolman made a bad call, wound up in court all day in the state capital 100 miles away only to have lousy results? (case tossed on bad search, defending civil rights violations, etc....)
Don't assume asserting your rights brings the wrath of khan down on you. Most of time the officer will be thinking how late he will be for dinner. -
Herisone its not worth the hassle to refuse a search. The biggest reason being is while they are waiting for the warrent the officer can call a DOT certified officer and do a lvl 1 or 2. You should know that DOT can fine something serious enough to shut you down if they look hard enough.
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