Do cops ask to search the truck?

I have nothing to hide. The last time I was asked from Leo to perform a search, I opened the door, jumped out of the truck and I told them to knock their socks off. They told me to get back in the truck and to have a nice day.

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I looked up some info on my "wingspan rule".. It exists but is for AFTER a arrest has been made a LEO has the right to conduct a search in the immediate area . You can read more here if you like? It goes over a lot of other case laws that apply in a search situation... A good read and NOT "CB rumor mill I heard it from a guy once gossip.." haha

http://writ.lp.findlaw.com/colb/20080303.html

 

When I was a cop the rule of evidence was a ladder or stepping stone. You had to have one before the other, but you could jump a step (reasonable suspicion) if probable cause existed, ie, walking through a parking lot and something is in plain sight. Now searches, IIRC in TN, THP/TDOT have the authority to pull anybody over on the roads to check your DL or registration, thus leading up the path to probable cause if it exists. This doesn't keep THP/TDOT from inspecting you as they see fit. I know there are rogue officers, BUT there are also rogue truckers. Much is situation dependent, and if you keep you stuff straight it will take care of itself.

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Search & Seizure laws concerning motor-vehicles vary from state to state. Reading this thread there has been a lot of good info, the Terry Doctrine or Terry vs Ohio, deals with officers searching for dangerous weapons if he reasonably suspects that his personal safety or others around him requires it.

If the officer's 6th sense kicks-in, telling him something is just not quite right, he can require you to step out, and then ask if you have any weapons in the car? This can be a catch-22, because for his and your safety, if you acknowledge this ( "Yep, .44 mag in the glovebox". ), he can then secure you temporarily, and can retrieve the firearm to secure it until he's finished conducting his business with you. You may not agree or think its legal, it is, and no LEO is going to want you to just give it to them. I've came across this numerous times, and done just that. As long as the person was not arrested, when I finished with them, the firearm was returned to where I retrieved it. Why is all that important? The LEO had the legal right to be, to look in the places for the firearm, so if there's any contraband in that plain-view area it's legally seized, and not fruits of the poisonous tree (seizing property following an illegal search).

Now for big trucks, we all know that because we operate a vehicle engage in interstate commerce, that is all the reason needed to be stopped. They (DOT/Troopers) are required to check to make sure we're doing so legally. Those of you that haul produce through Indiana, recall about a year or so ago where they were stopping trucks checking the produce temps? News Story Here That's a legal search, no consent or warrant required.

What concerns a lot of drivers is the searching of the sleeper-berth, our home away from home. They will need some type of reason to search it. That comes in the way of voluntary consent. I'll throw out a little secret here, most defense lawyers know this. The courts have held that the officer must advise you that you do not have to consent to the search. That's right they must tell you that you don't have to give permission. As a LEO, I was shocked at the stupid drug-mules that would give consent, even after being told they didn't have to. Also once you give consent you can terminate that at any time. However if LEO is getting close to your stuff and tell him to stop, what do you think the LEO is going to do? No, not keep searching if he wants the evidence to be good. He's going to get that probable cause, you just gave him about 3/4ths of it by stopping him, after granting it. Now LEO impounds the rig and gets the search warrant.


Strayed a little there, so back to the DOT, commerce, and enforcing those regulations. Is there any regulations covering anything in a sleeper? Any....? How about those safety belt/net thingies for the bunk? Is there a regulation requiring those? Well DOT can inspect to ensure they are there. That's all it takes is for a FMSCA reg to get them in the doors. Local cops, not so much, unless they're certified Motor Carrier Inspectors, ie; they can legally conduct CMV inspections. They're out there, some small towns have them. So while yes you can refuse to consent to a search, if a DOT cop wants to look inside he will find a way, called an inspection. So make sure to have your briefcases, suitcases, duffel-bags, cabinet/closet doors closed. The legal test is, Do they have the legal right to be where they saw the contraband? If so then the stuff was in plain-view and will be seized.

Oh an FWIW, after 24yrs as a LEO, my recommendations to any of my friends and family, if stopped and asked to have your car searched; Respectfully decline/refuse. The government should not run ramped on our rights. But I still just loved it when the criminals consented..