Who can search your truck? Warrant?

Discussion in 'Experienced Truckers' Advice' started by CellNet, Mar 24, 2013.

  1. CellNet

    CellNet Light Load Member

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    Jun 19, 2011
    Chicago IL
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    Long story short what happen to my friend in Idaho:

    he fuel around midnight and few miles after that he stopped at rest area on I84E in Idaho.
    so beacause he filled his tanks all the way up to full, the fuel was overflowing on the pavement while he was sleeping.
    some woman see that so she knocked on his door to wake him up and let him know. After he saw what happen he decided to leave immediatelly. The woman called the police or dot whatever. She gave them the details about truck & company name, so they called his company and they got him few miles down on another rest area.
    They were checking his truck, search everywhere for receipts and other stuff. I know that what he did was wrong, but they were acting like he is the biggest criminal ever.
    Police put him out of service for 10 hours and he hired lawyer. Everything that he paid was the lawyer fee plus 50$ fine for whatever he did. I guess good lawyer. My question pop up in my head that time:

    who and when can check your truck? Trailer?
    And does he needs a warrant to do that or he can do whatever he wants
    and trow stuff to turn you guilty in something that you have not done? Are we protected some how?


    p.s. I met a guy from Los angeles that in Ohio the cops were searching his truck for drugs just because the truck looked suspisious bad. They ripped the walls, ceiling and unscrew dashboard, after he was sitting in the back of the police interceptor and watching. they let him out and told him sorry for truck all messed up.
     
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  3. OFTOTR

    OFTOTR Medium Load Member

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    Toccoa GA
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    Not enough information, but he was responsible for fuel spill, and he knowingly left the scene.
    If it was enough fuel to be noticed by a passerby....we're not talking a few drips.



    I'll guess his log books were screwy, also? I think he probably got off easy, but depending on the amount of fuel he spilled, he or his company may get a bill to clean it up.

    I've been driving close to 30 years, and have heard stories from drivers about the truck being searched for various reasons, headliners torn out, etc. I've never seen this or had this happen to me, but every driver I talked to who claimed this happened to him, looked like Charles Mansons twin brother, or a doper, or a biker....and I can only guess the cops had reason to look for something, or the jerk mouthed off about 'rights' and 'warrants'.
     
  4. volvodriver01

    volvodriver01 Road Train Member

    They HAVE TO have probable cause in order to search. Your buddy probably lost this battle since he was leaking fuel(kinda wierd unless he had a puncture in his tank or a line) and then when confronted he bolted but went right down the road. I have NEVER had a truck searched as that is my house and I do not allow anyone in without my consent(it would take something alot worse then this to allow a search of my #### truck).
     
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  5. Driver of the year

    Driver of the year Medium Load Member

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    Sep 28, 2012
    Tampa FL
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    He fuel then went to sleep, then he was awakened by a stranger, telling him he had a fuel leak because he overfilled his tank? then he took off and was detained in a truck stop not far from the incident? Something is missing!
     
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  6. Rugerfan

    Rugerfan Road Train Member

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    Redding,CA
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    i top off my tanksall the time and they dont leak when im parked. something is def. wrong here like he had a leak or something
     
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  7. Sheriff1/6

    Sheriff1/6 Medium Load Member

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    Oct 16, 2012
    Boise, ID
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    I spent 20 years in LE in Idaho and never saw anything like you described. Even with a warrant, if we destroyed anything the department had to pay for it. This included doors we kicked in and couches that caught fire from flash bangs. If you didn't actually see the truck after they tore it up, I would question it. What were they looking for to begin with?

    There is a whole lot of information missing from this story.
     
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  8. CellNet

    CellNet Light Load Member

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    Jun 19, 2011
    Chicago IL
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    Nothing is missing from the story, i was on the phone with him.
    i am thinking your imagination guys is more than the truth.
    fill up your tanks all the way up and you leave the truck running and you will see how the fuel is expanding and will make a leak under your truck. His truck is old volvo 2000 but they did make inspection on the truck and was nothing wrong with it. Even me was hard to beleive that but its true.
    i told you that he was guilty and he got away easy, but the main question is who can search your truck and does he needs reason to do that?
     
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  9. OFTOTR

    OFTOTR Medium Load Member

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    Toccoa GA
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    In a somewhat rare situation, fuel will leak from one tank, in a truck without crossover line between the two tanks, while the truck is idling.
    I had this happen to me 15 years ago. The pickup in one fuel tank was plugged by a sticker than fell off of the underside of a new fuel tank cap. (courtesy of some ahole who stole the original while I was parked in a truckstop) The label managed to perfectly plug up the intake. Fuel wasn't being drawn from that side, but that truck returned unused warm fuel to the tanks, but was only drawing from the unplugged side. The plugged side eventually would overflow from the cap, either while driving down the road, or sitting idling. I also ran out of fuel several times, while I still had one full tank.

    It took about 4-5 shop visits to get this straightened out.
     
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  10. OFTOTR

    OFTOTR Medium Load Member

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    Toccoa GA
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    And you are passing on secondhand information. WTF does the truth have to do with it? This is the internet.
     
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  11. CondoCruiser

    CondoCruiser The Legend

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    Tennessee
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    It sounds like he was aware of the leak and been dodging repairs. Full tanks just don't leak without damage. He also sounds like one that would back into you at a truck stop and run. Instead of manning up he now has a HOS violation for moving. It sounds like that driver has a bad attitude.

    As far as searching your truck they are allowed to perform safety inspections listed in the regulations. Since there are bunk requirements means they can look at it. What they find in the course of a safety inspection is open game. As far as wrong doing they have to have reasonable suspicion to search luggage or personal items like any POV. If you refuse, bring a dog in, say he indicated drugs and they have their search. You can't win. They called his company who owns the truck. They probably gave them permission to search for documents. If a DOT man asks you for supporting documents you have to surrender them or be in violation.

    If you enter a port you agree to a search or leave. That goes with any other secure/safety sensitive facility.
     
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