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.
I was stopped by DOT other day in Ohio..... im curious
Discussion in 'Trucking Industry Regulations' started by unconstitutionalDOT, May 19, 2022.
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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
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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.
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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
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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 dayLast edited: Jun 27, 2022
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