Do cops ask to search the truck?

As stated previously, Search protocol differs between O/O and company drivers. Same thing between your personal vehicle and a rented or leased vehicle. If I ask to search your vehicle, you have the right to refuse. No one so far has mentioned what has to happen first before probable cause is ever established and that's what's known as "Reasonable Suspicion."

What constitutes Reasonable Suspicion can be a list so long, it could circle the earth several times. However, with that being said, probable cause could immediately go into effect if I was asking to see your books, logs, CDL etc and when you swing your door open, something (An object, substance, what have you) is directly in Plain View, an odor of a substance on or about your person or if say a K-9 alerts on something.

If you drive any type of conveyance that is not yours (As in your name is not on the title or registration) if I want to search the vehicle, whether it be your tractor or 4 wheeler, I can bypass your refusal by getting permission from whomever is responsible for the vehicle.

Likewise, you have a right to refuse if you know full well the officer just wants to be nosy and get his foot in the door. If you refuse and he automatically replies "You know, I can always get a warrant to do the search" at this point, now he's using undue influence (Coercion) to get you to submit to the search. If this happens and all he has is a need to be curious, ask for a supervisor immediately. This will generally shut him down in his tracks.

Again, he has to have "Probable Cause" to get a warrant. He can not detain you for an excessive period while he does this unless he has solid reasons to do so.

As snowmojim stated, there are good cops and bad, just like there are good citizens and bad. I've worked among them all. The good ones far out weigh the bad, but nonetheless, they are out there. And both sides need to be competent enough to know what to do, and how to properly respond / react when those questionable circumstances arise.

 

"reasonable suspicion" does not come from just having a CDL and being in a commercial vehicle.

 

Absolutely.

 

"Reasonable suspicion" and "probable cause" are NOT mutually inclusive and can (in certain examples) exist independently of each other. For example, a LEO can go straight to PROBABLE CAUSE if the evidence warrants the situation OR the LEO can detain (not arrest) and investigate based on REASONABLE SUSPICION alone. The court has ruled "Police need not have as much justification for this lower level of restraint (reasonable suspicion) as the probable cause that would have been required to make an arrest."

See http://searchandseizure.org/reasonablesuspicion.html

The court's own interpretations regarding such can be found here:
http://www.policemag.com/channel/pa.../probable-cause-and-reasonable-suspicion.aspx

The sum of each is defined by the court as:
"Reasonable suspicion is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause.
'Probable cause' means reasonably reliable information to suspect there is a 'fair probability' that a person has committed a crime, or that a search will reveal contraband or evidence. 'Reasonable suspicion' is a strong suspicion, even if based on less information of a less-reliable nature, that a person is involved in criminal activity or may be armed and dangerous."

A LEO or agency can claim he/it received a tip that your vehicle is transporting drugs (happens all the time to justify certain stops) or breaking another law, no matter how trivial. Using this scenario PROBABLE CAUSE has been established without reasonable suspicion and with no thought given to the validity of the tip. What comes -after- probable cause has been established (and the traffic stop) is irrelevant to the fact it (probable cause) was established without reasonable suspicion.

 

REASONABLE SUSPICION means whatever a LEO says it means to justify his actions. From the courts:
"'Reasonable suspicion' is a strong suspicion, even if based on less information of a less-reliable nature, that a person is involved in criminal activity."

This equates something as simple as a LEO's "belief" that one is engaged or has engaged in a law-breaking activity. While reasonable suspicion by itself isn't grounds for arrest or warrant it most certainly is enough to detain you, harass you, investigate and question you for anything the LEO deems necessary, pertinent or wants. A classic example is the all-too familiar response from a LEO, "I/we had a report of a truck driving erratically." Such a report can be complete fabrication whereas the LEO claims another motorist simply conveyed this information to him or can be based in truth and fact. In any event, the LEO can justify just about anything he wants in regard to REASONABLE SUSPICION. Happens every day all over America.

 

from your own link...

Just having a CDL and driving a CMV is NOT reasonable suspicion. I don't know why people want to accept that it is and you are obligated to give up your rights based on that.


And they would need more than just, "an erratic truck" to have reasonable suspicion. "truck" can describe several different classes of vehicles. From a pick-up to a semi tractor/trailer.

And before you go there, "implied consent" references impaired or driving under the influence. Not just driving a CMV or CDL.


At no time have you given up your rights under the 4th or 5th amendment. Simply lock your keys in the truck and keep your mouth shut.

 

Been searched at the border yet?

Wait till they search your computer too.

 

I got searched yesterday in Fort Erie, my lucky day I guess. Didn't search my computers.

 

I have been on BOTH sides of a border search.

Giving AND receiving.

 

Uh, I'm calling BS on the whole story... especially, "...with guns pointed at us..."