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

In the state of Texas, one of the primary violations sited for making a traffic stop is " failure to maintain lane".
This is a primary VC violation, and provides the probable cause to make a stop.

The number one traffic citation written in the state of Texas is the " failure to maintain lane"
It is also the number one traffic stop that leads to the most DUI and drug related arrests in the state.

 

if the dogs alert on that backpack, purse, etc. or they scan it and determine there is pc or they evaluate the driver and or truck and determine there is pc, then that precious expectation of privacy will go away in a big hurry and that backpack, purse, etc. will be opened and searched

 

I agree. The Bill of Rights protects all of us from unwarranted government action.

 

Rolling

In the backpack?
Flesh light and lube for the win!

 

Sorry, I am not a lawyer but I pay a bunch of them for legal advice, and you seem to leave out one important thing - this is a closely regulated industry and the cab - not the sleeper - has no right to privacy nor is off limits for searching to maintain the enforcement of regulations.

There has been a number of cases that pointed to this that are not scattered, and if one looks at other closely regulated activities, they will find that the courts have consistently been on the side of the regulators - one such comparable activity is fire arms dealers and class 3 license holders. As a FFL holder, there is no expectations of privacy, this has been part of the license requirements right from the start and it has been held up in court.

So yes they can search everything in that work environment to maintain those regulations.

The OOIDA has come up with a slant to eliminate the elog stuff, it violates the 4th amendment but in reality they have not thought this through and took a position that just demonstrate they are doing something for their members, honestly they have a better chance with CARB and the courts if they took the time to put together their case.

 

OOIDA lost the case at the 7th Circuit Court of Appeals

 

I was formerly and strongly of the opinion that being a commercial driver in a commercial vehicle doing commercial operations the cops could search me, truck, trailer, everything. Restaurants can't keep the Health Inspector out of their restaurant, open to the public. I did lots of research and found a few articles in trucking magazines quoting lawyers, cops, etc.

You, truck, contents are subject to search as previously stated, 1) probable cause, consent, search warrant. Keep in mind the probable cause to stop you can be 1 mph over the speed limit, or "swerving" in your lane. Anything the cops can see in plain view can be used as evidence or cause a more thorough search of you and the vehicle.

 

Probable cause to stop you is not the same thing as probable cause to search you. But they'll make something up, and screw you over, if you fight them on it, and the courts consistently side with them, anyhow. Federal income tax is also arguably illegal, but go into a courtroom and tell a judge that the system which pays his salary is illegal, and see how far you get...

 

I got a set of Collier's, 1992 Edition, from our library when they were selling books. I believe I paid less than $25.00 for the whole set, about 12 years ago, so they weren't as old then.