Lordsburg New Mexico seems to think we have no 4th amendment rights. They do what they call a cab search and and check through everything in the sleeper as well and say it is all legal. Told me they could look in my sleeper and check if I had proper bedding!!!!!!!!!!!!!!!!!What???
CAB Search???
Discussion in 'Trucking Industry Regulations' started by Streamo, Mar 24, 2008.
Page 1 of 5
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
What is SUPPOSED to be "proper bedding"?????
-
-
In the real world you can not fight with LEO or DOT on the roadside. If you fight, they will cuff and stuff you and then search your stuff with cause. If you think you are in the right, you have to hire legal help.
The rules can be read as black and white: A CMV is subject to search 24/7. But you still have your 4th amendment rights to a point. You need to get legal help on this one.
Mark -
Mark -
It seems that the laws of search and seizure, particularly as it pertains to motor vehicles, change at the whim of whatever court last heard an appeal.
Mark is right. If you had a problem stemming from this incident contact an attorney. -
J J Keller claims that a CMV is involved in a "safety sensitive operation" and is subject to search, at any time. I'm not saying they are the final legal opinion on the matter, but, one rarely finds trouble following their guidance.
I have also heard of the "proper bedding" requirement, although I have yet to see a definitive legal precedent concerning it. I've been told the sheets should be white for use in case of a roadside medical emergency. Hmmpf... If you need white sheets, the emergency is over.
Bottom line is, a LEO is going to do what ever they think they can get by with. Your best bet is to know your rights, and, pick your battles wisely. Some things ain't worth arguing about.
2xR... the bassinet is not in compliance. -
you people are adorable! you think you still have rights in this country! that's too funny. a driver told me that he just got a TICKET for not having sheets on his bed. I had sheets on mine - they weren't white though - they were as black as kwame kilpatrick. and they were from westpoint - made in USA - no indian or pakistani sheets for me. and my towels are by fieldcrest cannon. I hate to use them since they're collector's items now.
-
Ok Matlock's and Perry Mason's cite the FMCSR regs detailing the " white sheets " and the ability to search a CMV w/o consent or probable cause....
-
why would you use sheets in a medical emergency? especially if they've been slept on by some werner trainer who hasn't taken a shower since the reagan administration?
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 1 of 5