Can DOT legally search my backpack, even if it's on me when he searches my cab?

Discussion in 'Trucker Legal Advice' started by Satan's Step Child, Apr 19, 2017.

  1. quatto

    quatto Medium Load Member

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  3. JReding

    JReding Road Train Member

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    Well, yes, with limitations.
    It's one that can be heavily regulated, suspended, revoked, etc.
     
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  4. Ridgeline

    Ridgeline Road Train Member

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    There is an exception, when they are enforcing the regulations, the sleeper is the only place they can't go other than to confirm the required bedding and safety equipment.

    If the backpack is in reach of the cab or on the person's, body, it is open to a search for the purpose of enforcing the regulations.

    AND there is also another really important exception, customs and border enforcement does NOT need a warrant to search a vehicle - period. Thanks to congress giving them the 100 mile rule (they can go within 100 miles of a border), they can go places that is not their place to go, like patrol the freeways here in my state.

    So you understand that if you cross the border, everything in that truck can be searched including you.
     
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  5. crb

    crb Road Train Member

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  6. x1Heavy

    x1Heavy Road Train Member

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    The 100 mile rule for purpose of Customs Enforcement suspends the Consitution along the Border by declaring these 48 states a battleground currently in the war on terror and drugs etc. Whatever you have in that cab should not reflect badly on you because it will be discoverable in a proper search.

    To be secure in your personal effects or in your house etc does not apply along the 100 mile exclusion zone.
     
  7. Blackshack46

    Blackshack46 Road Train Member

    But TTR is.
     
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  8. JReding

    JReding Road Train Member

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    It depends on the subject. Sometimes they are, sometimes they aren't. There isn't exactly a lot out there in this subject. You're welcome to contribute if you have a reliable source.
     
    Last edited: Apr 20, 2017
  9. Mattflat362

    Mattflat362 Road Train Member

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    Wow I had no idea about the 100 mile rule!!!

    So MI, NY, VT, ME all fall in that!
     
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  10. Blackshack46

    Blackshack46 Road Train Member

    Once in grade school i tried changing facts on a wikipedia page, just something simple like a persons hometown. It worked, then the next day it was back to the accurate hometown.

    To say that snopes or wiki is inaccurate, is inaccurate in itself. Unlike landline magazine, snopes and wiki have mass amounts of people and computer programs reasearching, fact checking and checking credibility of sources. Landline may have one journalist, with their own opinion on how to write the topic.

    I use snopes and wikipedia for most of my information when debunking something. Or a website like landline, but i usually leave there with a feeling of.... i should go fact check what landline said.
     
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  11. *Five-0*

    *Five-0* Light Load Member

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    EXACTLY!!!

    My suggestion would be simply this - if a LEO is demanding to search, ask under what grounds. If he/she states either probable cause or cites a regulation (DOT, customs enforcement, etc), then in the VAST majority of times the search is legit and you need to simply let them do their thing as your consent is no longer required.

    One other thing: if you vehicle is being towed (police ordered due to traffic crash or break down impeding traffic), what is known as an Inventory Search. of your vehicle may likely be done. This, too, is perfectly legit and may encompass the entire vehicle, all containers, etc. This too has been upheld by courts. In this instance, an report listing the inventory inside the vehicle will be created.
     
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