How to Refuse a Police Search (USA only)

I had my truck cab searched a few years ago...in Louisiana...

Not sure what they were looking for...but instead turned into an embarracing moment when they discovered I was a semi-crossdresser...
One of my feet had nail polish on it...blue...




sparkly blue...and I had like 5 squad cars of men behind me...from county to city to federal...all wondering why I had nail polish on me feet....

I never seen officers peel out or off so quickly in their cars after they discovered I was a semi-cd....



I guess maybe they thought I was going to ask them all out on dates or something...

 

You're driving a CMV on a public highway. You have no 4th amendment rights. The only part of the truck a LEO cannot legally search without probable cause or a warrant is the sleeper. The rest of the truck is fair game. If you get nasty the LEO will just place you OOS.

 

I love the "probably cause" from the highway lawyers. A cop after watching ANY driver for 5 minutes can find something, or claim to have found something which gives him probable cause. Furthermore, the tone of voice and wording, can further lead to probable cause angry, nervous, fidgety?

Be polite, keep a clean truck, and you will rarely have to worry about this to begin with.

 

Ye, but it's not anything a District Attorney worth their salt would agree to prosecute...

A DA worth their salt would not even bother wasting a judges time with such flakiness...and would toss it out...

I mean if I was a defense attorney, I'd tear something like that to shreds...

 

The way I see it, you can't win. They want to search, they will search. So just make it easier on everyone and let them have their jollies.

I been seached twice. Once in NM the German Shepherd went crazy scratching the side of my truck. They thought I had drugs. Nope, I had a little dog in heat. Their tone changed when they had to restrain the dog after I got mine out. He was horny, lol. They still searched and left a mess. I hate getting asked by a Mexican if I am an American citizen. Why yes! Are you? lol.

Another time was a search at a port. I told him I spent all that money on a TWIC for nothing if you are going to search. They felt it was neccessary as they searched three of us waiting to load.

 

All it takes is a member of the good ol boys club to waste your time.

90% of the problems drivers worry about with cops is BS. Do your job keep your body, your cab, and your outside of the truck clean. Keep your logbook up to date and legal (it isn't difficult if people would stop being lazy). Treat the police (whether you like them or not) with respect like YOU want to be treated. Make sure your rig is legal, as well as the trailer. This means you have to do your JOB which is checking the equipment for malfunctions, NOT driving a POS and blaming somebody else because "they made me do it".

Follow these easy to read instructions and the cops won't have a whole lot of reason to bother you, PROFESSIONALISM negates the possibility of most issues people worry about.

 

Most LEO's barely have a working knowledge of the 4th Amendment in the first place. We would get only a few hours of Laws of Search and Seizure in the academy, and the rest you would pick up on patrol training or in service training. There are provisions when it comes to federally regulated equipment, i.e. airplanes, big trucks, trains, etc..However, LEO's CAN NOT search your sleeper berths with PC or a warrant. They can con you and sweet talk you with some BS to get you to sign a Consent form. NEVER DO THAT! A cops mentality is to get a stat by the end of the shift and to prove to his Sgt/Lt that he is pro-active.

Ladies and gents, it has nothing to do with whether you got something or nothing to hide, it's about keeping the government in check. Once again, cops are not very well informed with Constitutional law, chances are most of you drivers know more than they do. Cops are generally arrogant and will punk you into a search. HOLD YOUR LEGAL GROUND! Chompi, what happened to you and to your wife was a hard core UNLAWFUL detention which you should've retained a lawyer and owned that department!

I say all of this based on 20+ years as a street cop. I was the arrogant cop that would talk you into a consent search, or wait long enough to push your buttons. Yes, cops will lie in a report and or twist the facts; we called this "Mark Twain" the report. Done properly you can make a shoplift sound like a murder if you wanted to.

Unfortunately, our ####pits are open to plain view searches by LEO's. ALWAYS refuse a search other than what is admitted by amended law.

This will not apply to CDL drivers, but if you're not a CDL driver, and you get pulled over for a DUI, and you know for a fact you're DUI, REFUSE any field Sobriety Tests, Chemical test or anything that will give the officer evidence to use against you. At worst you'll spend a few hours in jail, lose your license for a bit and get you car towed, but it's better than having to deal with a DUI conviction based on ALL of the evidence you provided for them. Plus, legal fees, DUI fines, DUI classes, etc... Don't even fall for when the officer tells you to follow the stimulus (usually a pen) with your eyes. This is called an HGN, Horizontal Gaze Nystagmus. A trained officer can determine your BAC within .02% and it's admissible in court. I was an HGN court recognized expert in the California Superior Courts and have many DUI convictions based solely on HGN evidence along with driving habits prior to stop. My best advice is: DON"T DRINK and DRIVE!

Do not let cops bully you into something that's illegal for them to do, and their justification will most always be "Good faith." That only goes so far. Don't talk too much to them or offer your I.D. unless they ask for it, and then if your not doing anything wrong, i.e. sitting at the picnic table eating lunch and catching up your log book at the Flyin' Hook in Nebraska. Always make them justify their actions for contacting you. It took me several years to find my place in law enforcement and the real reason why I was out there, and once I got past the 'arrogant know it all stage' I appreciated the job even more.

Oh by the way drivers, I NEVER wrote a big truck a ticket nor ever stopped one either. Be safe out there fellas!

 

Sure refuse that DWI breathalyzer, following which the cop can and will obtain a warrant based on your driving (reason they pulled you over most likely) as well as your smell, and your eyes (with or without the test your eyes constantly dilate and contract following drinking). So now you have the original charge of breath test refusal (180 day suspension first time), you also get hauled to have blood drawn by court order. Wait this is where you resist right? so let's add a little more to those charges resisting arrest possibly assault on a public servant. Now we get to the hospital you get the blood taken and BAM now you've went from

(a) being smart enough not to drink and drive or
(b) in jail for the night, with at least 1 charge possibly more.

Once again OBEY THE LAW and the cops don't have anything to bother you for.

 

I've found out that usually if you co-operate with the police you never have any problems the only time they'll search your truck usually is if you've pi###d them off by your attitude so they say well we're going to make you pay and pay you shell.

 

Wow, hard to believe your Department would only spend a few hours on 4th amendment. So I'm a bit confused you have 20+ years of experience a LEO, but earlier post you claim 18 years?

I don't know California law but the USA is a little bit bigger than your old playground. When you give legal advice to driver's you might want to be sure about that advice. My guess and it's only a guess is you could give one fella some piss poor advice and get him jacked up. Especially as it relates to a breath test refusal and his CDL. Some State's for a CDL driver to refuse a breath test is a 1 year disqualification for a first offense and a lifetime for a 2nd or subsequent offense. When you post stuff like this, most people will not see your disclaimer about "if your not a CDL driver." So let me guess your "Mark Twain" reports are the reason you are no longer a LEO.

I don't know what your function was a Deputy, but my guess was you weren't on the road long.

From your post it seems you are writing a "Mark Twain" again.

So is it 18 years and couldn't wait to retirement or 23 years. Now you post you have been driving 5 years but.......

When you post on here don't "Twain" drivers. Shoot it to them straight and when you tell them about your old playground, just be cautious as your old playground is not the law of the land and some can take some advice to get them in the jackpot.