How are cops allowed to search people's vehicles without a warrant?

Trucks are commercial vehicles. They are subject to compliance checks if they operate on public roads. Having said that, those compliance checks DO NOT authorize DOT or state officers to search the private spaces of the CMV or the driver's possessions. DOT can pull over a CMV anytime and without any stated reason or to just do a compliance check. DO NOT confuse DOT stopping a CMV with a police officer stopping a 4-wheeler. There are 2 very seperate rules in operation. Once DOT has pulled over a CMV, and if he wants to search the private spaces and drievr possessions, then THAT is covered under the same rules as police searching a 4-wheeler for some moving violation, as an example. In this thread these 2 different situations are being freely thrown back and forth past users and neither side is noticing rules/examples for situation A are being responded with rules/examples for situation B.

Years ago, I still held the view DOT and police can pull over any truck for any reason and search every inch without any reason just because it's a CMV. That's not true. What changed my mind was one of the trucking magazines ran an article with DOT officers and attorneys who handle this situation. DOT can pull you over without you violating any rule of the road and with all appearances you are complying with every DOT rule. DOT needs no reason other than you are a CMV operator in a CMV to pull you over for inspection. However, all they can do is ask you questions and inspect your vehicle for DOT compliance. THEY CANNOT SEARCH THE TRUCK AND YOUR POSSESSIONS unless you give consent, never give consent, or they have probable cause/warrant. The fact many of us have heard stories from truck drivers of trucks being searched illegally doesn't mean it's legal to search private spaces of the truck and driver possessions. I know nobody will change any belief about this topic just because the lawyers, DOT, and trucking magazines make an airtight case for what is legal and what isn't legal, but I've done my best to give anyone that wants the info the info that the DOT and lawyers tell me.
This is a DOT cop giving the gory details. It's only 13 minutes long.

 

Driver/operator consent is enough in every state to allow federal or state officer to search a vehicle. Never give consent, and don't be a Richard about it. "I do not consent to search" is all you need to say. You don't need to provide any reason, just say "I do not consent to a search". Saying that will give your attorney a good chance of having what evidence is found in an illegal search thrown out. You don't argue on the side of the road or in the scale house. You say what needs to be said and then argue in court later. It's not anyone's job, but your lawyer, to stop a cop or DOT from doing anything. You should state what you need to say and remain calm and wait until it's over.

 

Yes, you are right. I don't have the law in hand, but it's mentioned in the video in post #61. I don't know which law justifies the speed limit, but the speed limit is justified by a particular law and not knowing that particular law doesn't exempt someone from obeying the posted speed limit.

 

Can you cite the administrative inspection law that you're referring to so I can go look at it without having to hunt and dig?


I'm totally cool with being inspected when I enter a weigh station. And I'm totally cool with being inspected if I'm pulled over because the officer observed a violation.

Where I have a problem is being pulled over solely for the purpose of conducting an investigation. Don't interrupt my work day just to go on a fishing expedition. But I'll quit having a problem with it if someone can show me exactly where it is written in the law that they are allowed to initiate a traffic stop for the sole purpose of conducting a DOT inspection without first having established probable cause.

 

Watch the video. From 2:20 to 3:10 the DOT officer explains DOT can stop trucks for a compliance check/random inspection. They do not have to have a particular violation in mind or witness a violation.

Regulation Authorizing FMCSA Inspections
The Federal Motor Carrier Safety Administration (FMCSA) is authorized to inspect commercial vehicles under the Federal Motor Carrier Safety Regulations (FMCSRs). These regulations are established to ensure safety standards for commercial motor vehicles (CMVs) involved in interstate commerce.

Key Legal References

• 49 U.S.C. 504, 31133, 31136, 31151, 31502: These sections of the United States Code provide the legal foundation for the FMCSA's authority to regulate and inspect commercial vehicles.
  
  
• Motor Carrier Safety Improvement Act of 1999: This act led to the establishment of the FMCSA and outlines its responsibilities, including the enforcement of safety regulations.
  

The FMCSA reg is 49 CFR 396.9
49 CFR § 396.9 - Inspection of motor vehicles and intermodal equipment in operation.

(a) Personnel authorized to perform inspections. Every special agent of the FMCSA (as defined in appendix B to part 390 of this chapter) is authorized to enter upon and perform inspections of a motor carrier's vehicles in operation and intermodal equipment in operation.

 

I have refused several request to search the truck I have been driving, I am also sure that two tickets I recieved was because of me inserting my rights to search. If your going to be afraid of a LEO the cop that would be lieing to gain entery is more likely to be the same as the one planting someting in your truck. If your driving a company truck that other drivers have been issued you can never be sure it is truely clean enough to be searched.
Rolling over and giving up your rights, I won't never. One of the problems I have had is LEOS approaching from the right side and expectting you to open unlock the right door, nope not going to happen, if its rainig to bad for them they chose their jobs, they can get wet.

Better to pay attention to your driving, stay out of the left lane except to pass, make sure your truck is road ready before you roll out on the highway.

I really don't believe most LEOS are hunting down truck drivers, more likely most give them a reason to pull them over, judgeing from what I can see going down the road.

 

That’s correct, they can enter your cab and sleeper in a safety inspection. What they can’t do is start opening compartments looking for whatever they want.

If they suspect drugs a four legged officer can also enter to sniff around. If the dog alerted to something then the officer must obtain a probable cause warrant.

Once they have the warrant they can tear your truck apart and use a sawzall if necessary

Of course if you gave consent then they can get right to it.

 

Just to be clear: giving consent to a search will not get you out of a ticket. They'll do it anyway after searching your property on the side of the road for 3 hours, then leave you to clean up the pieces. Maybe they'll even cite you for parking on the shoulder if you take to long just to be dicks about it.

I say this after allowing a search when I was speeding as a teenager and they asked to search. They tore my car apart for an hour and still gave me a ticket.

 

The main fact is cops STOPPING A CAR is very different than DOT STOPPING/INSPECTING A TRUCK.

Once a search is initiated then both situations are the same. This thread has numerous entries confusing the cop & car with DOT & trucks. Driving past a 4-wheeler on the shoulder & a cop behind him doesn't necessarily indicate if car driver gave consent or if cop had warrant. For truck drivers none of this suggests you should or shouldn’t consent to a search. You still have 4th amendment rights related to search & seizure. You DO NOT have a right in a CMV to resist a DOT stop or inspection. You are subject to stop/inspection just because you are in a CMV, even if you are driving safely, legally, and truck & trailer is perfect.

Don't confuse DOT stop & 4-wheeler or truck search.