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

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

  1. homeskillet

    homeskillet Road Train Member

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    This is the CMV driver's key to survival in this industry.
     
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  3. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Im not saying fight the cops, I'm saying good luck finding a trucking company willing to keep you on while you fight a ticket in a city 1500 miles from your home.
     
  4. Aamcotrans

    Aamcotrans Road Train Member

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    This information is incorrect, they can search from the window with their eyes, ears, and smell, however they cannot enter and search without reasonable cause.
     
  5. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    In this world.

    Since the courts have ruled that a sleeper berth, just like an RV, is not considered a home it is not subject to the protections put forth in the 4th amendment. So yes, if you choose to drive commercially on US highways, you are subject to search without a warrant.

    Legal Myths, Part I: Is a Warrant Necessary to Search a Sleeper Berth? — Truckers Justice Center

     
  6. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Incorrect. See post 54.
     
    Last edited: May 30, 2022
  7. tarmadilo

    tarmadilo Road Train Member

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    The Constitution protects us from “unreasonable search and seizure”. If the officer can give the court any reasonable justification for the search, you’re not going to prevail.
     
  8. ProfessionalNoticer

    ProfessionalNoticer Road Train Member

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    Not true in regards to searching the berth or interior of the truck. They need a valid and legal reason to justify it. I've had them walk dogs around my trucks before because I denied them permission to search the interior.
     
  9. ProfessionalNoticer

    ProfessionalNoticer Road Train Member

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    I've tested this many times. They cannot just search the cab/interior/berth without probable cause. That's why they barge in and sit down because they're hoping to see something to give them the legal grounds to search.
     
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  10. Aamcotrans

    Aamcotrans Road Train Member

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    Keep researching, automobiles are still afforded 4th amendment rights, as are RV’s.
    Those rights are not the same as your house, however, no one can search your car, motorcycle, RV, or CMV without reasonable suspension that you are committing a crime. there is zero precedence that excludes a CMV from the 4th amendment
     
  11. Trucker61016

    Trucker61016 Road Train Member

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    Do you not understand the words Federally Regulated Commercial vehicle ??? That's means you are under commerce laws including lawful inspections and searches...why not be a professional and comply instead of trying to prove some stupid point on the side of the highway???
     
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