I was stopped by DOT other day in Ohio..... im curious

Discussion in 'Trucking Industry Regulations' started by unconstitutionalDOT, May 19, 2022.

  1. m16ty

    m16ty Road Train Member

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    When I say "tail light", it was actually a tail light/turn signal/stop light combo. I was running bobtail, and it was a older light that just takes a bulb (not sealed). It was working when I checked it that morning, I think water got in there in the rain a caused the bulb to break. I even have tail/turn/brake lights in my headache rack, but he said the were up too high to be counted.
     
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  3. ProfessionalNoticer

    ProfessionalNoticer Road Train Member

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    I totally get it. Just think it's ridiculous and I never knew it was an OOS. I see it a lot where I run.
     
  4. MGE Dawn

    MGE Dawn Road Train Member

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    Ignoring the fact that SCOTUS has repeatedly determined that us military types didn't give up our rights when we entered the service, I see
     
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  5. Bean Jr.

    Bean Jr. Road Train Member

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    For no reason. All he had to do is answer the question.
     
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  6. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Please show where the courts have ruled that a truck sleeper berth, or even an RV, is considered a "house."

    If you can't, then it's not subject to 4th amendment protection. See post 54.

    "First, the Fourth Amendment doesn’t provide a blanket protection against seizures. Rather, what it guarantees is that your “persons, houses, papers, and effects” are protected from unreasonable searches and seizures, and “probable cause” must be established before a warrant can be issued.

    More to the point, since a sleeper berth has not been legally defined to count as a “home” under the Fourth Amendment, drivers are unable to draw on that constitutional amendment in arguing that their sleeper berth cannot searched without a warrant. Since it is not considered a home, probable cause does not need to be established before it can be searched.

    Prior case law has found that no warrant is necessary for searching other mobile home-like units that people may live in for extended periods, even indefinitely, like Winnebagos and motorhomes. Courts have been unwilling to construe these mobile homes as protected by the Fourth Amendment, in large part because it could create significant evidentiary obstacles—namely, important evidence could be stored in the unit, a litigant could deny access until a warrant was issued, and in the meantime the evidence could be transported to another jurisdiction before the warrant had been issued or the underlying litigation concluded.

    CALIFORNIA, Petitioner v. Charles R. CARNEY.

    "Held: The warrantless search of respondent's motor home did not violate the Fourth Amendment. Pp. 390-395.

    (a) When a vehicle is being used on the highways or is capable of such use and is found stationary in a place not regularly used for residential purposes, the two justifications for the vehicle exception come into play. First, the vehicle is readily mobile, and, second, there is a reduced expectation of privacy stemming from the pervasive regulation of vehicles capable of traveling on highways."

    I have links backing up what I'm saying, like the TJC's website which is run BY A LAW FIRM. I have a link to an ACTUAL COURT CASE stating same.

    You have nothing more than "4th amendment extends to cars." Well, a sleeper berth on a CMV is not a car. A motor home is not a car. The supreme court has said so.
     
    Last edited: Jun 26, 2022
  7. ProfessionalNoticer

    ProfessionalNoticer Road Train Member

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    Everybody wants to play trucker lawyer and post links. Pass the bar then come here and argue your point until it's as smooth as a bowling ball.

    You are being redirected...
     
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  8. Siinman

    Siinman Road Train Member

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    What a moron!
     
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  9. m16ty

    m16ty Road Train Member

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    Correct, all the guy had to do was answer the question. Even if he was undocumented they would likely have still turned him loose. He needs to spend a night in the clink if for nothing more than being a idiot. That's not standing up for your rights, that's being a idiot. The officer was just doing his job, there is no reason to make it harder than it needs to be.
     
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  10. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Where is your law degree? Your answer is some unknown website for Nebraska?

    Got any case law stating that a commercial truck sleeper berth has been deemed a "home?" If not, it doesn't fall under the RV exemption granted in some states. The 4th does not prohibit warrantless searches. Keep that in mind.

    This is an old thread here:

    Sleeper: domicile?

    Since CMV's are subject to heavy regulation and interstate commerce, if they want to search your sleeper berth without a warrant, I'm pretty sure they can. FWIW, Paul Taylor, an attorney at the trucker justice center, agrees with me.

    Who knows how this will turn out. It has not been ruled on directly, so I would venture to guess it's a case by case basis by state.
     
    Last edited: Jun 27, 2022
  11. MGE Dawn

    MGE Dawn Road Train Member

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    Oh my ####ing God. When they ask you if you're a US citizen, you either say YES or NO, and have your ####### passport ready if you're saying NO.

    ICE is, by far, my favorite LEA to get stopped by. Why? Because I get asked one question, say 2 words, and am allowed to continue with my day
     
    Last edited: Jun 27, 2022
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