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. Espressolane

    Espressolane Road Train Member

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    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.
     
    wore out and DoneYourWay Thank this.
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  3. DoneYourWay

    DoneYourWay Light Load Member

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    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
     
  4. truckersjustice

    truckersjustice Light Load Member

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

    flatbeb mac Medium Load Member

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    Rolling

    In the backpack?
    Flesh light and lube for the win!
     
  6. Ridgeline

    Ridgeline Road Train Member

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    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.
     
    DoneYourWay and EZ Money Thank this.
  7. truckersjustice

    truckersjustice Light Load Member

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    OOIDA lost the case at the 7th Circuit Court of Appeals
     
  8. GuysLady

    GuysLady Trucker Forum STAFF Staff Member

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    Okay, a little off subject here, but never to be forgotten... coming home from a cross country trip with hubby. Was pulled into a scale house in Ohio... they INSIST on searching the truck after seeing that we had made three trips from Letterkenny Army Depot in PA to Fort something or other in Kentucky... They are going through everything and I am filing zero objections until they come to one bag... a black waterproof bag about the size of my purse that I asked them to please not open that bag... and before I could explain, they did. And pulled out a two weeks worth of me and my husband's stickiest nastiest socks! We're talking the socks that have been worn in the hottest most humid weather, in boots STINKY NASTY SOCKS!! from the look on that officers face, I would say we barely escaped assault charges! I still laugh at that!
     
    albert l, Fatmando and not4hire Thank this.
  9. tscottme

    tscottme Road Train Member

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    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.
     
    NavigatorWife Thanks this.
  10. Fatmando

    Fatmando Medium Load Member

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    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...
     
    tinytim Thanks this.
  11. NavigatorWife

    NavigatorWife Road Train Member

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    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.
     
    Blackshack46 Thanks this.
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