Can law enforcement enter the truck during inspection?

What, you mean I really need a license to drive? But the constitution says I have a right to travel, and I'm just traveling. And other sovereign citizen b.s. ?

 

The key phrase is “ probable cause”. That could be anything, can’t be proven or disproven. Rights in a CMV aren’t the same as a personal vehicle. Considering how many personal vehicles I see getting searched. I question the whole idea of having any rights at all. Getting searched is usually the result of a County or Local looking to hit the jackpot, finding drugs that they get reimbursed 50% the street value by the Feds. Or better yet finding Drug money. In that case they keep it all, maybe taking a nice cut for themselves before turning over to the jurisdiction. Add confiscating the Vehicle to be sold at auction. There’s a clear incentive for a corrupt police department to take advantage of the rules of The War On Drugs. I’ve been searched 3 times over the years. Last time in Ky. Officer was clearly training a Rookie on what to look for. Same questions everytime. Haul Drugs? Ever asked to haul drugs? Any firearms? Mind if we take a look around inside your Truck? And my favorite, Do you Own this Truck? My answer regardless is always Yes, Me and The Bank. I don’t trust them at all.

 

I wouldn't advise getting into an argument with an officer about whether or not they can enter your truck to verify sleeper berth or fire extinguisher if it's mounted in the cab. At least not if you value your PSP lol.

But no, they can't go through your cabinets, fridge, or anything else that requires opening that's not part of an expection without a warrant or cause. If you don't have anything to hide, I vote for recording them searching without consent and handling it afterwards rather than getting into a constitution debate on the shoulder of an interstate lol.

 

You all got it really wrong. Probable cause is not applicable during an inspection while in a commercial vehicle or when you are pulled over by a commercial vehicle enforcement officer.

These are administrative inspections, the inspectors - officers - are allowed to enter the cab without permission. They can enter the sleeper only to inspect the required sleeper accommodations, they are limited to everything that has to do with the applications of those regulations. If they look for a fire extinguisher or other safety equipment and run across a bag of cannabis, that is now a criminal matter with that evidence admissible.

And before anyone says otherwise, the SC has ruled (New York v. Burger) that administrative inspections do not violate 4th amendment protections and it has been held up in state courts.

 

I can honestly say, in the 35 years, including the 4 years as an O/O, I don't recall ever having any LEO enter my truck. Most of those years were daycabs, and no real danger, but a sleeper truck may be a different story. LEOs are trained to observe, will find a reason depending on what they see. It's a touchy subject, one best left to the law offices of "Dewey, Cheatum, and Howe".

 

Your are right, it is important to separate administrative and regulatory things from general law enforcement activities. I did not pay close enough attention to the actual question asked.

BUT, from a general law enforcement perspective I stand behind all my comments!

 

And I agree with it 100%.

 

You'll find they'd only do this when they throw the book at you, so always try and be polite and never give them an excuse to give you a hard time.

 

You're misinterpreting the law.

The SC NEVER stated that truck drivers lose their 4th amendment rights. They just said that simple inspections don't do that. What does that mean? Simple. They can pull you over and inspect your truck for DOT violations without probable cause. It does NOT mean they can go through your truck and look for contraband without a warrant or PC.

So if they find weed while looking for DOT violations, as long as you make it clear that you do not consent to any searches, they can't use it against you. They aren't searching your vehicle during an inspection, they are INSPECTING the vehicle itself for violations.

A DOT roadside is not a green flag to violate your 4th amendment rights.