No, they can't. The extent of their authority to enter your truck is in the enforcement of the regulations. They can look in to see/hear the required audible and visual alarms for low air and see the ABS light to ensure those are working properly. They can look wherever you tell them your triangles, fire extinguisher, and spare fuses are located. If you've logged sleeper time, they can inspect that for proper dimensions, restraints, bedding, etc. While they are looking at those things, anything in "plain view" is fair game. Beyond that, though, you have the exact same protections under the Constitution as you would in your POV on a family vacation. They cannot search the cab without probable cause, a warrant, or your permission.
Do you have any weapons ?
Discussion in 'Experienced Truckers' Advice' started by Atlanta trucker, Apr 26, 2018.
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"...in determining whether police questioning during the course of a traffic stop satisfies Terry's scope requirement, we must consider, as an initial matter, whether the question is related to the initial justification for the stop. If the question is reasonably related to the purpose of the stop, no fourth amendment violation occurs. If the question is not reasonably related to the purpose of the stop, we must consider whether the law enforcement officer had a reasonable, articulable suspicion that would justify the question. If the question is so justified, no fourth amendment violation occurs. In the absence of a reasonable connection to the purpose of the stop or a reasonable, articulable suspicion, we must consider whether, in light of all the circumstances and common sense, the question impermissibly prolonged the detention or changed the fundamental nature of the stop."
-- llinois Supreme Court, People v Gonzales, 2003 -
We should boycott weapons. No more weapons. Any kind you can name.
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I carry hornet spray. More effective than mace or pepper spray and has a longer range.
Streetroddreams, Dave_in_AZ and IluvCATS Thank this. -
I always heard that as long as the curtain is closed they need a Warrent to check the sleeper
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(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.
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