truck search by police

Asked my company lawyer a few years back and heres what I was told about VEHICLE EXCEPTION SEARCHES.


Generally, a police officer must have a valid search warrant to perform a search unless one of several exceptions apply. An exception to the requirement of a valid warrant exists where the officer has probable cause to believe that a vehicle contains evidence of a crime or of contraband. The officer may search the entire vehicle if this exception applies.



The motor vehicle exception allows an officer to search a vehicle without a warrant as long as he has probable cause to believe that evidence or contraband is located in the vehicle.

The motor vehicle exception is based on the idea of a lower expectation of privacy in motor vehicles due to the regulations they are under. Additionally, the ease of mobility creates an inherent exigency. "If a vehicle is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment thus permits police to search the vehicle without more."

The scope of the search is limited to only what area the officer has probable cause to search. This area can encompass the entire vehicle including the trunk / storage areas.

The motor vehicle exception in addition to allowing officers to search the vehicle also allows officers to search any containers found inside the vehicle that could contain the evidence or contraband being searched for.

The objects searched do not need to belong to the owner of the vehicle.U.S. Supreme Court ruled that the ownership of objects searched in the vehicle is irrelevant to the legitimacy of the search.

Some state's constitutions require officers to show there was not enough time to obtain a warrant. With the exception of states with this requirement, an officer is not required to obtain a warrant even if it may be possible to do

 

the regulations for sleeper requirements are 393.76 part E covers bedding and part H covers occupant restraint.

 

no warrant and no reasonable cause no searching my truck. a dot cop can not...NOT search the bunk area for belts or bed. first you only have to have sleeper belts if your sleeping while in trans...so solo your clear second to serach a team would disrupt the sleeper birthed drier which is not allowed. third no federal or state law is above the COUSA which clear states no unlawfull search and seizer with out due warrant. i have been asked to step out so they could look in my truck and refused giving them these 3 reasons. i was even threatened wit5h jail time and told them his police deparment laywers better be real good when we are in court for harrazment unlaw search unlawfull inprisionmen. at which point i was told have a nice day.

 

Sad, but true, this is what happens when we are divided as a country!

 

All you have to do is step out of the truck, locking the door behind you with the windows rolled up.

Plain sight is one thing. Breaking and entering is another.

 

Do you have a link to that thread? I just read through the FMCSA regulations regarding sleeper berth and there isn't any regulation indicating that you have to "make your bed" or anything regarding keeping it tidy. The only regulation is that you must have adequate "bedclothes" and "bedding" and a mattress sufficient to cushion you if the truck hits a bumpy road. There are regulations regarding the size of the berth, shape, restraints, ... but nothing about unmade beds.

 

Here is a very good video from a group headed by a well known, reputable lawyer regarding vehicle stops and searches. Watch and learn from those who know and not the truck stop banter. Take the time to watch these and learn something. You cannot stop an LEO from doing just about anything, but if you are knowledgable, you can protect yourself in the end.

http://www.youtube.com/watch?v=yqMjMPlXzdA

Another one that is a classroom setting with a law professor and a detective.

http://www.youtube.com/watch?v=6wXkI4t7nuc

 

I still dont bite on that, read 393.76 (e)
Equipment. A sleeper berth must be properly equipped for sleeping. Its equipment must include:
(1) Adequate bedclothing and blankets; and

blah blah blah about mattresses


Nothing at all about keeping my bedroom neat and tidy.

 

393.76 (h) Occupant restraint says nothing about a solo or team operation, which goes totally against common sense...but the Gub'ment is making these rules and LEOs will definatly use the letter of the law instead of the spirit of the law to do what they want.

It aint right, its just how it is.

393.76 (e) says that DOT can check for proper bedclothing and mattress.

 

If you don't know your rights, you don't have any. If an officer "asks" to search, he needs your consent. They will try to coerce you into giving consent by the old "If you have nothing to hide...". Right....