Do cops ask to search the truck?

The yrs driving I have never had officers search my trk.Unless you give them cause to search it,you don't have anything to worry about.Like if you go in the wegh station with the smell of alcohol then yes be ready for a thural search or glassy eyes.

 

In reality, "probable cause" constitutes whatever the LEO wants it to constitute.

 

Can you post a link to where it states that in the regs??.. I've never heard of that ever before not even by a dot officer and I've had my big share of inspections in my career.

 

http://www.fmcsa.dot.gov/rules-regu...fmcsrruletext.aspx?reg=393.76&keyword=sleeper

Subpart G - Miscellaneous parts and accessories

§ 393.76Sleeper berths.

(e) Equipment. A sleeper berth must be properly equipped for sleeping. Its equipment must include: (1) Adequate bedclothing and blankets; and(2) Either: (i) Springs and a mattress; or(ii) An innerspring mattress; or(iii) A cellular rubber or flexible foam mattress at least four inches thick; or(iv) A mattress filled with a fluid and of sufficient thickness when filled to prevent "bottoming-out" when occupied while the vehicle is in motion.

been searched twice, at the Canadian border,yrs ago,(was a smarta**). at the Norfolk Naval Base. just a look inside not much else.

 

FMCSA 393.76 (2) (e) Equipment. A sleeper berth must be properly equipped for sleeping. Its equipment must include:(1) Adequate bedclothing and blankets; and(2) Either:(i) Springs and a mattress; or(ii) An innerspring mattress; or(iii) A cellular rubber or flexible foam mattress at least four inches thick; or(iv) A mattress filled with a fluid and of sufficient thickness when filled to prevent "bottoming-out" when occupied while the vehicle is in motion.

 

Over 50 years ago, the Supreme Court elaborated on probable cause. In Brinegar v. United States,[SUP] (3)[/SUP] the Court stated that, "n dealing with probable cause, . . . as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act. The standard of proof is accordingly correlative to what must be proved."The Court noted that "this means less than evidence which would justify condemnation or conviction."[SUP] (4)[/SUP] Instead, probable cause exists when the facts within the police officers' knowledge -- where they had reasonably trustworthy information -- are "sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed."[SUP](5)[/SUP] The Court explained that, "ecause many situations which confront officers in the course of executing their duties are more or less ambiguous, room must be allowed for some mistakes on their part. But the mistakes must be those of reasonable men, acting on facts leading sensibly to their conclusions of probability."[SUP] (6)[/SUP]
The Court has reminded us since then that probable cause requires only a probability or substantial chance of criminal activity and not a prima facie showing of such activity.[SUP] (7)[/SUP]

 

They must provide you with the probable cause reason for searching the vehicle if you are an O/O. If it's 'not your truck', i.e. a Company vehicle, you have no privacy since it is not your personal property. The DOT heads can search it simply because your Company has authorized it (they did, you know).

My lawyer instructed me to reply to that 'may I search your truck?' question with: "I haven't given you probable cause to do that and therefore feel you are violating my 4th Amendment right to feel safe in my home". More often than not they are being recorded and by saying "I have not given you probable cause"... you have, by stating so, put them on the defensive.

Warrant-less searches are illegal with personal property but by being regulated by DOT you have, by virtue of your commercial license, submitted to DOT regulations.

I have nothing to hide too but I would require that the officer first submit to a pat down before entering my vehicle... I don't want him/her planting anything in my truck. If it's a female, I would refuse to allow her to enter my truck soley on the basis that I cannot do a pat down on her and therefore am limited in my trust.

Food for thought.

'Bigfoot'
View attachment 41652

 

In the eyes of a LEO, ANYTHING can and does work as probable cause. He wants to search your vehicle? All he has to say is, "I -believe- I smelled pot" or "I thought I heard someone in the sleeper" or "I thought the driver was acting funny" or any number of a multitude of things. Thanks for posting the court link but the courts -always- uphold the officer's "reasonable suspicion" excuse. If an officer wants to search your space and you have no witness there's not much you can do once his/her mind is made up.

 

My lawyer provided me similar (yet a bit simpler) advice many years ago: Just say "No!" Not "I don't think ... " or "Why do you want to search me ...? or anything similar, just "NO," cut and dry. This applies to any search at any time, whether in my personal vehicle, work vehicle, home or what have you. Just say NO!