if u own the tractor head , can police go in without a warrant?
Discussion in 'Questions From New Drivers' started by mert, Jul 19, 2013.
Page 3 of 9
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
Last edited: Jul 19, 2013
-
I've had roadside DOT inspections before. The last time they asked if they could come in the cab and search, I immediately said, "Be my guest"!
I've got nothing to hide. The officer got in, sat in the passenger seat, took one look at a squared away cab, and said, "Looks good to me".
The best course of action for any trucker is to have a clean cab, no contraband, and comply with law enforcement. However, if I'm ever woken up in my sleep, then I'll have an issue, legal standing, and would refuse to allow inspection. -
During an inspection an officer has the right to enter and check gauges. He can enter the sleeper to check restraints. He cannot search baggage or closets without a warrant.
An officer found a large amount of marijuana when he raised a bunk because he saw no restraints and thought they might have been under the bunk. The evidence was allowed.biggare1980 Thanks this. -
Is not about hidding .is about my privacy.u won't let them in ur house....
-
You do realize they can enter your house without your permission in some circumstances. -
-
Technically speaking your truck isn't your house, precisely because it is equipment in a highly regulated industry. For those that have successfully "refused" to let an officer of the law enter and/or search their truck, these might be examples of incidents where the officer simply backed down and allowed the trucker to go on their way. However, these incidents don't set any precedent that a court would recognize. You can't argue that because officer A backed down that therefore officer B must also back down. Case law pretty clearly notes your truck can be searched at any time, except if you are in the sleeper berth (then it gets murky).
-
MUSTANGGT Thanks this.
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 3 of 9