if u own the tractor head , can police go in without a warrant?

Trucking is a "pervasively regulated business" and is therefore an exception to warrantless search requirements. This means that because the DOT closely regulates our industry they can search your truck at any time without a warrant.

Even though you may live in your truck, you are still subject to search. The situation is very similar to that faced by people that live aboard their boat. Boating is regulated, so the Coast Guard can board and search your vessel any time they want.

Bottom line is to keep your truck clean of any "issues" that might get you in trouble if you are searched. Having a clean and buttoned up cabin will go a long way to making your interactions with DOT or law enforcement go smoothly and pleasantly.

 

I really wonder how many people have not been aware of the coast guard and their safety checks. No different than the police.

 

Yeah, I had a close friend that lived aboard his sailboat for years. He was veeerrryyy careful about what friends brought aboard his boat, in case of Coast Guard search. He explained that liveaboards have absolutely no expectation of privacy. Truckers fall into the same category.

 

show me that regulation! I have refused before and went on down the road!

 

They can NOT just search anytime they feel like it and you can tell them NO. But, most of y'all are scared of the DOT and don't know your rights so your gonna say yes anyways...

 

I believe that this is something that is from case law, not from a regulation per se. "Case law" means emerging law from court decisions. Look up the phrase "pervasively regulated business" on Google and you will find a number of cases that cite this exception to your expected rights. Case law has created precedence for DOT or law enforcement to search your truck.

If you have had encounters with the police where you have refused to allow them to enter your cab, then that is interesting but doesn't set any court precedents.

One thing I should add is that it is illegal for law enforcement to wake up a trucker in a sleeper berth, according to case law I've read. One case in particular was in Texas, when a complaint was filed by a trucker that had his sleeper berth time interrupted by police pounding on the door of his truck asking for identification and to search his truck. The police admitted wrongdoing.

 

What you think they are going to do when you refuse a search in a cmv say yes or no you will be sitting and watching them doing it period

 

They can NOT just search anytime they feel like it , thats why the references to PROBABLE CAUSE

But, most of y'all are scared of the DOT and don't know your rights Your the only poster to this point that noted DOT , the rest likely were in reference to LAW enforcement

But anyway I have been searched in the past and likely will be again in the future , had / have nothing to hide and its not worth arguing with the officers or the internet lawyers on here about.