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

I believe he must have cause. Arizona will tell you to open it and tell you to give them receipts that they see. Like on your floor. But if you don't open it?? Like your lockbox with receipts. If you open it or unlock it and willing give them, they got it. Make them do it.

 

Said it before here again Supreme court holds that there is no expectation of privacy on federal highways Anytime anywhere in or on the truck. SUCKS kittypower

 

As a former Deputy Sheriff (no DOT training whatsoever when I was in that job) I had to have consent OR after arrest I could search due to "incident to arrest." Now, as a truck driver, I heard all the stories and CANT get a straight answer. I need to see it in black and white. Have been told that as Commercial Vehicle operators the rules are changed. They can come in the truck with no warrant, but the search will be 'plain sight only.' Once drawers are opened, bags gone through, THAT is when your rights are being violated, unless you gave consent to do so. I'd really love to see something in black and white to back this 'theory' up. We've all heard the horror stories. Like everyone else, we want clarification.

 

Can you provide the ruling/case law on that please? Would love to read it. Thanks.

 

I'm pretty sure that it isn't in black and white.

The closest that you get to that, is the paperwork that you sign to get your license, in which you waive certain rights. The legality of a waiver of constitutional rights is certainly questionable, as is the issue of whether those rights apply only under criminal, or also civil law, and whether public law enforcement officers should be writing citations backed by civil law... blah, blah, blah. It's all arguable, but the courts have repeatedly held that any search is legal, on a Commercial Motor Vehicle.

This is why you won't see it in black and white; it is case law, now, not civil or criminal code. And it gets argued practically every day, and people who think that they have rights, consistently lose.

Same with taxes, and Social Security, etc., etc., etc. All of these people who are full of vitriol and advice won't show up in court to help you, won't protect you in jail, and won't put any money on your commissary account.

 

All the same rules apply to CMVs as apply to POVs, EXCEPT for the purpose of inspecting the CMV to ensure compliance with applicable regulations, including the sleeper for conformity if so equipped. It doesn't mean they can rifle through drawers, cubbies or personal gear, but of course the "plain sight" rule applies.

§396.9 Inspection of motor vehicles and intermodal equipment in operation.

(a) Personnel authorized to perform inspections. Every special agent of the FMCSA (as defined in appendix B to this subchapter) is authorized to enter upon and perform inspections of a motor carrier's vehicles in operation and intermodal equipment in operation.

https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.396#se49.5.396_19​

 

@not4hire THANK YOU VERY VERY MUCH!!!!!

 

The day the officer will pick up my Fleshlight and open it up. I'll just let the awkwardness over come 'em as I stare directly into their eyes.

 

DOT can conduct a Level 1 at any time, even by randomly selecting a driver for no apparent reason to the driver, i have had several Level 1s but nothing like this:

i worked with someone who was squeaky clean and not remotely suspicious in any way he presented himself or his truck, yet one day while moving through the weigh scale station he was pulled into the barn and ordered out of his truck, they pat him down the way they do on tv cop shows and emptied all his pockets pulling them inside out, he was then handcuffed to a chair while he watched them remove and inspect every single item from his truck and then they scanned some of the items and then scanned the entire truck from top to bottom, inside and out, every dang inch of that truck, it took 4 hours

 

All that would be is them flexing their muscles. Showing us that they can do whatever the fak they want. So I'll go back to my original post. If you have nothing to hide why would you say no to a search. It will save you tons of grief.