Advice on if I can get hired after being fired for a open container violation.

Even a peek into the sleeper should get a warrant. You don't know what he will see, and how he'll interpret it.
When it comes to your rights, it's not up to you to make the officer's job easier.

 

The regulations allow any officer can get up into your truck and measure your sleeper. If they want to do a Level 1 inspection the officer has the discretion to conduct the brake test himself while sitting in the driver's seat. So yes they can get up into the truck, daycab or sleeper any time they want to.

 

The question ultimately will be did the officer have any justification to be in the sleeper. If he can clearly determine the size of the sleeper from the outside, he has no business inside. Those are still your living quarters, and are protected by the 4th Amendment.

If you don't know your rights, you can't protect your rights.

 

Sorry a sleeper is not your living quarters. It is part of a Commercial vehicle. And while some guys may live in a truck, there are no protections afforded to them like there is with your home. That arguement might fly against some city police or county officer but it won't work with any dot officer. A truck is not a house, personal vehicle or rv. It is a commercial vehicle, plain and simple.

 

If she has been driving for twelve years like she said, there is no way she could not know that rule. If she didn't, or anyone else who does this job that doesn't know this, shouldn't be taken off the road for open container, they should be taken of the road for sheer stupidity.

 

You can keep believing that. DOT has no business in your sleeper without probable cause. They can't just make it up.

Nowhere does it state that truckers have given up their rights spelled out in the Constitution, just because they drive a commercial vehicle. Unless the officer has reasonable suspicion to execute a warrantless search, they cannot legally do so. Your sleeper is property that one has a reasonable expectation of privacy; and therefore, protected from unlawful searches.

It's called consent for a reason. Officers don't just walk into the truck, they always ask (or are supposed to ask) permission.

 

I think the bs got deeper than his typing hand.

 

Or get your own authority

 

It's all Bushs Fault! Lmao

 

Despite what you were told growing up, not a free country.