Never claimed driving a commercial vehicle is grounds for a stop or reasonable suspicion. The reason given for the stop would be something else. I'm posting from personal experience. Ask any LEO if a report of a vehicle resembling yours that is driving erratically, breaking any law, etc. is grounds enough to stop you, question you, investigate you, run your plates and license, etc.
I was stopped in my personal vehicle some years back by a LEO who said he had a report of a p/u resembling mine "cruising" (circling a block more than one time, a "crime" in certain cities/towns which have enacted legislation prohibiting such circling in areas known for drug trafficking). Yes, I was "cruising" as I was waiting for a parking spot to open up. After he checked my license and determined my business in the area, he split.
Lastly, when a LEO stops you it is already assumed he has reasonable suspicion (at the least) and once reasonable suspicion is established and you clam up you CAN be arrested. The right-to-remain-silent is only read once you are placed under arrest. Exercise that right when a cop only has reasonable suspicion and your refusal to cooperate can easily and quickly morph to probable cause in the eyes of the LEO.
One doesn't have to give up their rights but if you believe a LEO won't stop you without a legitimate, bonafide reason (according to the law), you're mistaken and with that we'll simply agree to disagree and you go on believing what you will and I'll go on believing what I know from experience.
Do cops ask to search the truck?
Discussion in 'Questions From New Drivers' started by bpfish36, Jan 19, 2013.
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Snipped for brevity ...
All good points. I am simply presenting a circumstance where such -can- occur on the basis of a tip, such as an anonymous driver who flagged down a cop, for example, and said he saw an 18-wheeler heading northbound, white cab, red lettering, pulling a trailer with ABC lettering on the side, driving erratically, speeding and of which previously ran him off the road. If any other crime was found to have been committed by the LEO after the stop, it's a bonus, but acting on the tip alone (whether legitimate or not, fabricated or not) is indeed grounds for the officer to pull the driver over. With no witnesses other than the officer (assuming no cameras are on the c/v) the judge is going to uphold the officer's word regarding the stop a large majority of the time unless extenuating circumstances prevail indicating and/or casting reasonable doubt on the officer's word/story.
A warrant is hardly ever used in a majority of drug arrests resulting from vehicle stops Many vehicle drug arrests come from "routine" traffic stops where the LEO says the driver committed an infraction that never occurred, such as crossing the middle line, improper lane change, not using the turn signal and all kinds of other excuses. The stop is often a premise to a fishing expedition or profiling. -
your statement reminds me of this.
You have NO duty to tell police anything. THAT is your 5th amendment rights. Even lawyers will tell you 90% of their business is trying to figure out how to get you out of opening your mouth and talking.
The more you say to a cop, the more a lawyer is going to charge you.
Just because you refuse to talk is NOT grounds for arrest.Last edited by a moderator: May 9, 2015
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It is when reasonable suspicion is already established and employed.
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You have no obligation to answer any questions. EVER.
Last edited by a moderator: May 9, 2015
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Right, because all Canadians think the same. Just like all Americans.
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Do tickets count or does one actually have to have been arrested?
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Ticket for a DUI would.
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When I moved to Canada a few years ago, I had to have a criminal record check for every state that I had lived in along with the FBI. Had a couple of alcohol related tickets as a minor but as far as I know, they either didn't count or they didn't show up as I had no problems becoming a resident.
As far as border crossings go, I think it sometimes does depend on the agent whether US or Canadian. -
Now your catching on...
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