My question here is can law enforcement state troopers or dot enter the truck cab and also the sleeper area , anywhere on the side of the highway or at a weigh station or parking for trucks if they are carrying out any type of inspection.
Can law enforcement enter the truck during inspection?
Discussion in 'Questions From New Drivers' started by stacks, Oct 31, 2023.
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If you give them suspicion of a crime, or they are aware of something unlawful. Visible drugs, alcohol present etc. Otherwise they need a warrant. They also can’t open your door, or reach in for your computer. If they do start filming.Tb0n3, stacks, tscottme and 1 other person Thank this.
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If they have reasonable suspicion I'm pretty sure they can.
aussiejosh, TX2Day and stacks Thank this. -
They can enter the cab, but they can not enter the sleeper without a justification - for example, they can inspect your bed and see if the arrangement meets the regulations of the sleeper. They can not open drawers or go through the cooler/fridge without a specific reason.
Hammer166, austinmike, wis bang and 1 other person Thank this. -
In law enforcement, it's called "probable cause". Examples, their dog "hits".......your carrier is known as drug runners from previous arrests........You wreak of marijuana......You are acting really weird for no reason. As you may know, when entering a military base, they can search your vehicle. WITH NO WARRANT ! But they tell you prior to the gate on a little sign posted. "subject to vehicle search".
NightWind, Crude Truckin', austinmike and 1 other person Thank this. -
Cant believe they inspect for a made up bed bs...If that was a true legit thing i would or should be ticketed every day....Most days all i do is pull the covers back when i get outta bed..Last Call Thanks this.
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Go look up Terry vs. Ohio and all the case law surrounding it. In a nutshell LEO's cannot enter a vehicle without a reason, but it's so easy to lie and create a reason as to make it where they can do what they want. I.E. "I smell alcohol." or some variation of that.
A cmv makes it even easier because it's implied that an inspection can be done at any time. Yes, they are limited to just specific inspection items, but again if they "smell alcohol" that gives them probable cause to search where they want to.faux_maestro, tscottme, gentleroger and 4 others Thank this. -
He didn't say made up bed. He said bed arraignments. Required safety harness is there, the bed is a specific size, that sort of thing. You know, what is legally required to call something a sleeper berth.tscottme, gentleroger, Long FLD and 2 others Thank this.
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I'll never forget the time I was at the terminal and went to see my dispatcher. He got a call from a driver. "OK, but why did you have three?"
Guy got inspected when he entered a military base and the Marines found three AR-15s under his bunk. He said it was in case of social unrest.blairandgretchen, Feedman, dosgatos and 3 others Thank this. -
The words "PROBABLE CAUSE" should send shivers up a person's spine. Another term is "REASONABLE ARTICULABLE SUSPICION". With both, a cop has tons of case law that grants them Qualified immunity. There are several pieces of case law that basically strip the 4th Amendment protections for warrants if you are not on your property or inside the curtilage of your home. ANY motor vehicle that has wheels a cop only needs PC or RAS to enter. This is a subject I HIGHLY recommend NOT getting legal advice from a truck stop Attorney before you do something really stupid!
NightWind, tarmadilo, faux_maestro and 6 others Thank this.
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