New warrantless search laws

OTR500 to be pulled over twice in a CMV and a Car you had to do something out of the ordinary,whether or not you were aware of it. I have posted earlier why I was pulled over on a bike and asked the LEO what would've happen if I had refused to be search. He informed me that I would've been taken down to the station and detained until a warrant could be issued. It was the answer I expected and it was quicker to let him search me.

 

Also OTR500 your truck or car could've match a general description of a truck or car in a number of situations ( hit and run accident, robbery, and such). Unless LEO's have a license plate number they are going to pull over any vechile that fits the general description that they were given. Like I said in a earlier post just because you have a right to do something,it isn't always wise to invoke that right.

 

they were bluffing (which is to say, lying - which is OK for cops to do, but illegal if a civilian lies to law enforcement.) "taken down to the station" = arrest. they can NOT arrest you for refusing consent to search. they can NOT detain you for refusing consent to search. they lied to you and hoped their lie would scare you into consenting. evidently it worked.

 

They lie all the time.They are also the biggest gang in the world if you use their our definition of gang.As I have said ..

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.


And for those that think you have nothing to hide and it will not hurt to talk to them.I have 2 videos you can watch.One from a cop.I have them posted on my profile on the chicken trucker.I am bugsy514 on there.

 

I'm not sure if you have a "right" to an attorney unless you've been arrested. and even if you're not under arrest, that doesn't mean you can just leave. they can detain you if they are conducting an investigation. BUT, they HAVE to have something to investigate - they can't detain you simply for refusing to give consent to search.

 

Innocent people have the right to consult a lawyer before dealing with any legal situation, including talking to the police.

You don't have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT.

 

I'm somewhat late to this thread but I really wanted to reply to it. For us, our truck IS OUR HOME. Some of us tend to keep the sleeper specifically very cozy. By law, a LEO requires a warrant to search your truck.

Personally, being that the truck is technically my home ... I'd require a warrant. I also wanted to add that it is illegal for any law enforcement officer or DOT official to get into your truck without first obtaining your permission and/or a warrant. They also need separate permission to leave the cab of the truck and enter the sleeper berth.

 

I guess it's not only drivers that find it difficult to keep up with all the regulations. One has to wonder if things couldn't be streamlined a bit.

Dieselbear, thanks for sharing this.