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

I have only been searched at the borders.

 

This fits here.

 

Agreed. You can do it the easy way or the hard way.

 

I am not an attorney but I did sleep in a Holiday Inn Express last night. So some facts.

Refusing a search is not cause to proceed with a search. A warrant cannot be issued because a citizen refuses a search. Refusing a search is not a crime and therefore a reasonable suspicion of an actual criminal act is required before a warrant will be issued.

If you refuse a search your attorney will have a much better chance of getting you out of trouble if you get caught in something. Even if you think you have nothing to hide it is better for you to refuse a search. You may be driving a used truck and not know about something the previous owner left behind. You may be a slip seater who ends up with some medication left by the other driver, that you have no prescription for in the truck (this one happened to me). When refusing a search you should always be courteous and never get an attitude. You should simply say in a quiet and normal manner that you don't consent to searches. Never fight back or try to teach an officer anything simply refuse a search and be compliant.

If you refuse a search, even in a commercial vehicle, you may have an out even if the officer continues. Commercial vehicles on public highways are subject to search at any time. Private vehicles are not. Even though you own your CMV (owner op) it is not a private vehicle it is a commercial vehicle.

I have been driving for nine years. I always have a clean truck that is squared away. I have never been searched except upon entering military bases. Not once in any roadside or scale house inspection have I ever been searched or asked to be searched. I don't think it is really a concern unless you are deserving of a search. Law enforcement officers seem to always have a finely tuned sense of who is deserving of a search.

 

Gotta love Truck Stop Lawyers..

In the military, we called them Barracks Lawyers..

MH60L: We had a driver try to come into a secure communications compound and the military cops searched his rig. Found a young lady in the sleeper and also found a loaded sawed off shotgun in the bottom of a 5 gallon bucket.. He's prolly still doin hard time.. Fed style..

 

I watched the video featuring the guy that refuses to cooperate with roadside checkpoints. The thought occurred to me that could burn quite a bit more time than simply answering the simple questions, "Are you a US citizen?" and "Is there anyone else with you in the cab" ... "yes" and "no"... and you are on your way....

.... versus the long drawn out haggle, song and dance, call the supervisor, rehaggle, more song and dance.... maybe it feels good to assert your rights, but I think I'll just pick my fights. Just answer the questions and move along. I got a load to deliver.

 

Immigration stop in Arizona.

Where do you live?

United States, Handed him the passport.

I figured he did not know how to read or open it.

UH, Where?

Illinois

 

Another dirty little trick they use is call in a K9 and claim the "dog alerted them." You have no rights the police almost always win.

 

In my opinion, refusing a search will likely result in the use of "probable cause"... having said that, once the "probable cause" card has been played, as far as I'm concerned, they had better find something.