CAB Search???

Discussion in 'Trucking Industry Regulations' started by Streamo, Mar 24, 2008.

  1. Streamo

    Streamo Bobtail Member

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    Mar 24, 2008
    Culver,Oregon
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    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???
     
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  3. Designors

    Designors Light Load Member

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    Sep 23, 2007
    NM
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    What is SUPPOSED to be "proper bedding"?????
     
  4. Lugnut1968

    Lugnut1968 Light Load Member

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    Mar 19, 2008
    Newnan Ga
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    Granted I have been away from the industry for a little while (last I drove was in 95) but back then all they could do was look inside the cab for safety concerns etc and if they saw anything they suspected was illegal they could then rummage through anything they chose to. Seems to me that would still be the case because all of law enforcement are bound by the search and seizure laws/statutes. But, then again who knows these days. It seems each day that goes by we lose a little more of the freedom that so many have died to preserve and protect.
     
  5. Markk9

    Markk9 "On your mark"

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    Nov 26, 2006
    Lehigh Valley, PA
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    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
     
  6. Markk9

    Markk9 "On your mark"

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    Nov 26, 2006
    Lehigh Valley, PA
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    In a sleeper truck there is a requirement for bedding. I do not remember the wording, but it is there and a legal look see can be done.

    Mark
     
  7. Big Don

    Big Don "Old Fart"

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    Utah's DIXIE!
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    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.
     
  8. 2xR

    2xR Medium Load Member

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    Dec 12, 2006
    Ol' North State
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    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. :biggrin_25525::biggrin_2559:
     
  9. chief

    chief Heavy Load Member

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    Flavor Country, NC
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    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.
     
  10. BD1

    BD1 Bobtail Member

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    Mar 21, 2008
    Somwhere
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    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....:biggrin_2559:
     
  11. chief

    chief Heavy Load Member

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    Jul 15, 2007
    Flavor Country, NC
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    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?
     
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