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

Great info guys. I was just looking it up too. Lots of "Grey Area". Like the cab was searchable but the sleeper wasn't if the curtain is closed unless there's probable cause or a warrant. But since it's the DOT officer's discretion, it's hard to argue. Which usually makes things worse. Anyway, it's just another burdensome straw on the overly regulated trucking camel's back. Made for some good conversation though. And now...I digress.

 

I hate this thinking. I can list several reasons why.

I don't have to, so that alone is enough reason.
While I have nothing to hide there is a quote something like "give me 1,000 words fro an honest man and I'll convict him." I.e. don't give the leo ammunition.
And the main reason is my brother was moving in a U-haul truck from TX to IL. Got pulled over (in AR I believe, but I could be mis-remembering) and asked if they could look inside... 8 hours later he finally gets all of his stuff packed back in the truck after it was emptied by the officers...
Several other minor one, but it all boils down to "No, I ain't got time for this (male bovine excrement)"

 

Great topic! I've had a few of the border patrol as if they could stand on my side steps and look into my truck. But they were always very clear that they would not enter it and were very respectfull.

But If asked if they could physically search my truck. I would refuse. Get a warrant. Every driver that I know that has had his truck searched , they've completely trashed and damaged the inside. Not one thing was ever found. And it was always the ,"I smell marijuana" bs.

 

A backpack has two of the zipper things on each zipper with holes in them. Get you a small paddle lock for them and keep the key on your person. That way they have to get a search warrant.

 

This reminds me of paramedics arriving to attend to woman at her bed and there is a "moist dildo" on night stand. Now if you kept a moist looking dildo in your cup holder and plain view no person of authority likely ever want to go in your cab or touch any of your stuff.

 

If you keep the dildo in your coffee CUP, it should stay moist.

 

Hey guys! My name is 'Satan's Step Child' - is it okay that I conduct illegal #### around a federally monitored system?

Just being vague because.... well.... you know, deceit was my step-daddy's game, and he learned me real good!

 

As long as your not like this, stupid, puerile ####-wad - you're generally okay.
Go looking for a fight - guess what you're going to find?

 

Driving is a privilege, not a right. When you apply for the privilege (getting your license) you sign away some of those 4th Amendment rights. That is the premise upon which DoT does what they do. You can refuse when they ask, and they can insist, or let you go. Or delay you, or put you out of service, or hold you in custody without charge for up to 72 hours and tow and impound your vehicle and all of it's contents.

If they are determined enough, they can also call your carrier, and get permission from them. There are a million ways that you lose this argument, if you start it, with DoT. It all depends upon their mood, and their level of determination. The only way that you win it, is when they decide that it's not worth the effort.

Should it be this way? Should driving be a privilege and not a right, under the auspices of "liberty"? Maybe not... but that's how it is, right now, under standing case law - which, yes, is not specifically codified, but will be upheld in court nonetheless. Guess what? They don’t have to have a vehicle code to show to you, if it is based in common law or case law, and they can get a judge to uphold it. You have every right to challenge it and lose.

It's called the *legal* system - not the *justice* system, and there are reasons for the distinction... :-/