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

Well I actually guess it depends on the state. But in missouri they can hold you without any reason. But if your bwing difficult thats plenty of reason to hold you. Thats what the law stated when I was a cop.

 

bet this one ends up closed....

 

Well, really it IS Unconstitutional, as others have pointed out. But cops do it all the time you're correct. Interestingly, they tend to find out whom you are, and what you do before such a thing. Like it is very doubtful that they would do this to an attorney, judge, doctor, or really any professional with the means to stick it to them, and/or record the encounter... So no, that law doesn't state that at all.... Actually doing so, the cop IS breaking the law. But there IS really nothing new here.

 

FWIW I have said no I dont consent to a search I have a schedule to keep. But I have a dash cam that allows me to catch everything going on even the part where the officer said he just wanted to do a quick cab search. No reason given so when they try to get a warrant i got on video why they just want to look inside. Most everyone that has asked became aware of dash cam still rolling and they backed down.

 

To answer that question, there is something in the constitution that states the feds have the right to regulate interstate commerce. It is different than tooling around in your car.

I understand that, but others don't get that they give up some rights when they get that CDL and this is under the umbrella of different SC decisions about regulating interstate commerce. When a state accepts the FMCSA regulations, they also agree to enforce those regulations or have more stringent ones for intrastate commerce.

NO you and others don't seem to get the difference as I explained, the cops - general law enforcement - has the same limited rights to inspect you and your truck but a law enforcement officer who has been qualified to do truck inspections (commercial or carrier enforcement officers) can inspect your truck, ask for ID, look at your logs and enter the cab without a warrant and do not need probable cause - period.

In that situation, you agree to inspections when you are "granted" a license to make and sell food, so food inspectors do not need to even give you a notice - just show up and they can inspect your business. The same goes for tax collectors who do spot checks on inventory for tax purposes, no notice needs to be given nor a warrant.

I understand but here is the thing, if you act like your rights are all inclusive and that you don't have to provide id or prove you are allowed to drive, you will get into trouble. The more professional you are, the more good habits you have and the more you act as if you have a grip on things, the less you will be hassled.

 

There is nothing in the federal regulations that allows cops to search your truck without a warrant or probable cause. You don't give up your constitutional rights because you have a CDL. The commerce clause, which you are referring, has nothing to do with searching your truck. It has been abused by congress and some regulatory agencies, but they cannot legally search your truck without your permission unless they have a warrant or probable cause. The exception would be on a military base. Once you are on military property, you are subject to being searched. Some of these cops may try to make you believe that they have a right to search your truck without the proper paperwork. They don't. You don't give up your rights just because you drive a truck. The DOT does not need access to your truck to do an inspection. They can stick their head in the window to check your air light and buzzer. They don't need further access. I have never had a DOT officer try to search my truck without my permission. I have had them to ask for permission to look inside my truck at border checks. That is so that they can make sure you are not hauling illegals or drugs that they might spot. I don't worry about that, but I don't want anyone to come into my truck and tear it apart for no good reason. That is another reason that I don't care much for hauling military freight any more.

 

Well sort of, LEO's will still evoke implied consent... and they will use it as a defense in any legal action taken against them... in which they will also evoke state actor status. I certainly don't agree with it... it IS Unconstitutional, this much is fact... but hey they will do it.

 

I've read some of the regs, I'm not real pushy with law enforcement being ex-LEO myself (corrections not road deputy) I don't really object much when it comes to dealing with officers. I know not everyone is that way, but I am. Though only certain people, of local cops want to get into my truck I may object to it, but federal and state, I don't mind much.

Shoot, I delivered to a FEDEX airport and the guard told me he had to get in my can and look in my sleeper, they won't touch anything, just have to make sure I don't have any guns or knives in plain sight. I watched him do it, no big deal, those FedEx people I deal with when hauling their equipment are usually really nice and helpful. I've even had a few guards help me un-tarp and un-secure a load.

Anyway, I do believe its true if you're driving on interstate, that's federal highway, and you fall under federal laws of searching a CMV cab.