So, is your sleeper truck considered your "home"?

Discussion in 'Trucking Industry Regulations' started by KANSAS TRANSIT, Mar 26, 2013.

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  2. StayBusyTrucker

    StayBusyTrucker Medium Load Member

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    A old hand told me a long time ago, "your home is where you lay your head at".
     
  3. brsims

    brsims Road Train Member

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    By law, as I understand it, NO. It is not your "legal place of residence", therefore it is not protected by your Fourth Amendment rights of protection from Unlawful Search and Seizure.


    Not that any place is currently protected by the Fourth Amendment. That one went Bye-Bye when the USA PATRIOT Act was signed into law, then signed again, then renewed yet again by a different political idiot in the oval office....
     
  4. zmpart

    zmpart Light Load Member

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    why you got drugs in your truck?
     
  5. volvodriver01

    volvodriver01 Road Train Member

    Glad to hear you will allow any search of your house even for no reason. :biggrin_25526:
     
  6. oscar2011

    oscar2011 Bobtail Member

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    we have free Home sign in, CRST, :biggrin_25523::biggrin_25525:360, 24/7, weekly, biweekly, month, 2 months, "Salary..??? "what salary?, I just give U a Place to stay...:protest::protest::protest::protest:
     
  7. Sheriff1/6

    Sheriff1/6 Medium Load Member

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    No, your truck is not your home. It's an argument folks in motor homes have used for years. While there is some case law to back them up, there are specific circumstances for those rulings. Each case would be different.

    Your truck is a motor vehicle and as such would fall under the vehicle exception to the 4th Amendment. That's because you can readily drive the truck away. To be searched the police have to have probable cause, the same level of cause as needed in a search warrant. Any search conducted without a warrant is deemed unconstitutional on the surface and the State must convince the court there was enough probable cause to conduct it, and that leaving the truck to apply for a warrant would enable evidence to be removed.

    The other option is for the truck to be seized, inventoried, and towed to a secure lot where it will sit until a warrant could be applied for and ruled on by the court.
     
  8. zmpart

    zmpart Light Load Member

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    this article is about dogs on the outside of your house....smell away boys, smell away
     
  9. zmpart

    zmpart Light Load Member

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    "The police cannot, without a warrant based on probable cause, hang around on the lawn or in the side garden, trawling for evidence and perhaps peering into the windows of the home," Scalia said for the majority. "And the officers here had all four of their feet and all four of their companion's, planted firmly on that curtilage ' the front porch is the classic example of an area intimately associated with the life of the home."

    my curtilage ends at my side step
     
  10. Cowpie1

    Cowpie1 Road Train Member

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    Mine ends at the junction of my driveway and the gravel road that runs in front of my house, and is bounded by the property markers on all 4 corners of the 40 acres I own. Step on it, and an LEO better have a really good cause, a warrant, or be invited.

    As for sleeper being my home? OMG, NO!
     
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