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

True there isn't anything in the regs but there is in the constitution - the commerce clause. Their real only purpose that overrides the states is in this clause on matters of commerce. They have the right, through that clause to set standard and regulate how interstate commerce takes place, to participate in interstate commerce you have to abide by their rules and one of them is to allow the states to enforce those rules.

Actually you do, your privacy rights. especially those medical privacy rights that are exempt in many laws. The CDL isn't the license to drive, it is the permit to ply a trade of interstate commerce and in doing so, you have to abide by the regulations that were agree to by the states through the feds for all commerce.

Actually it does as defined by the courts, the argument used here - pervasively regulated business - implies that certain requirements have to be met by the operator or owner of a business in order to ensure that regulations are followed. It is the same as a gun dealer who agrees to accepting that the ATF can at any time inspect the premises of the gun shop and the records of that business. Your truck no matter what you want to think it is, is a direct tool for your use for the purpose of interstate commerce, just as if it is a plane or a locomotive.

I agree, it has and been abused by the congress, regulatory agencies and even the president but yes they can legally search your truck without your permission if they are charged with the duty of enforcing the regulations of the state hence federal government. I do not think there has been one case in federal court that defines the searching of commercial vehicles - if so, someone please cite it.

Actually military bases are not the exception, Customs is. Customs does not have to even give you a reason for a search, they can pull you over, take you to another vehicle and search your vehicle without your permission, This is their job and congress a while ago expanded their search boundaries up to 100 miles (IIRC) of any border or international body of water.

There is a difference between a cop and a cop who qualifies under the FMCSA to do inspections, this is a big important point that many of you want to gloss over. The former can't search your truck, the latter can and it is because your truck is a tool used for commerce.

Actually read the little green book about sleeper requirements, they can inspect the sleeper, they can inspect the amount of vision you have (ie sun visor being in the way), they can do a check of your safety equipment and so on. They can make sure your air pressure gages are working properly, they can check the odometer against your log, your seat belts and so on.

They ask out of courtesy, not to get your permission.

Again Customs is the exception to the rule, they don't have to ask anything. those border check points are to find a bunch of other things too, as you mentioned invaders.

 

G/MAN, unfortunately Ridgeline is correct, what he said is that they evoke implied compliance to enforce regulations. What makes this even more disturbing is that many many police officers/deputy sheriffs are issued FMCSA credentials for this very purpose... Which are greatly scaled down, like they can only look at HOS compliance issues, nothing mechanical, or HazMat etc... It's also obvious that it IS Unconstitutional... as it uses one part of the Constitution to legally violate another part... Which is BS in my opinion.

Again, another example of this is sobriety tests that it is implied a driver of a motor vehicle MUST comply with, when ask by a officer of the law. You have really no choice in the matter, other than what type of test... For example: They can detain you and take you to a hospital to draw blood if you refuse other methods.

 

I am not sure where you live but in Texas they cannot do that. If you refuse to consent they must get a warrant from a judge. They have judges that rotate on different nights of the week and some even setup a bench with the police at sobriety check points. But they do get a signed warrant before you are forced to comply.

 

I believe that random sobriety checkpoints were deemed Unconstitutional by the supreme court... Yet they still have them correct? With this said, this is why they have the judges on call, so they can force you to comply... However, it does say in the drivers manual, that it is implied that you comply with a sobriety test if asked by a LEO, when operating a motor vehicle... it's right in the Minnesota drivers manual. So legally a judge is not required to issue a warrant for compliance...

What you may be referring to and IS hotly debated IS if a LEO can go greatly beyond the scope of a sobriety check, and search for contraband during such random stops... Hate to say it but they do it all the time, and typically have drug dogs on the scene, to give them probable cause.

After some checking I have now found that they courts deem sobriety checkpoints legal and Constitutional as long as they inform the public, in a media form... Perhaps and oldies radio station that nobody listens to, Or a local paper that many don't read... It gets better all the time.

 

No actually the SC deemed them constitutional and that is why we still have them.

" The Michigan Supreme Court had found sobriety roadblocks to be a violation of the Fourth Amendment. However, by a 6-3 decision in Michigan Dept. of State Police v. Sitz(1990), the United States Supreme Court found properly conducted sobriety checkpoints to be constitutional. While acknowledging that such checkpoints infringed on a constitutional right, Chief Justice Rehnquist argued the state interest in reducing drunk driving outweighed this minor infringement."

With that said, once an officer arrests you he can search your vehicle all he wants and he can arrest you for anything and everything on the scene. In Texas our troopers are particularly nasty and mean and we know there is no point in saying no to a search because it will happen one way or another.

 

oops you beat me to it... just searched it. see my edit above

 

The answer is: Yes, see above

 

Yes they can. Its under the FMCSA. You work in a regulated industry so normal constitutional rights do not apply. This is largely because you cross interstate lines and the feds are tasked with keeping everything fair and equal among all the states. Searches are limited to items of safety but anything in plain sight is fair game. For example if you think you can hide a brick of cocaine under your bunk and they will not find it during a safety inspection, guess again. Under the bunk is where sleeper restraints are located so they can lift the bunk to check for this and see if there are any holes in the cab floor, etc, etc. They cannot open a cabinet door and dig through your underwear because there is nothing in your underwear related to safety. When you drive a commercial vehicle you sign away many rights that other people have, much like being in the military. Just be courteous and professional and video record if you can. But know that you cannot refuse a search while in a commercial vehicle. Yes officers do ask for permission but it is only a courtesy and they are also looking for your reaction to the question. They are trained to recognize facial expressions in relation to stressors. If you have the right look on your face chances are they will tell you to have a nice day. Act completely relaxed and unconcerned about being stopped. Happened to me in Mississippi with a federal inspector. He could tell I was nervous and kept questioning me but I thought I was pulled over for doing something illegal that would get me a ticket. As soon as he explained he was looking for narcotics and had a drug dog and wanted to walk my truck, all the tension drained out of my face and I told him 'sure, go ahead, I thought you were DOT, I do not care about you drug guys." He said "that was the reaction I was looking for, drive safely". And for God's sake never ever say "if you find something in there, its not mine". That is a sure fire way to get your truck torn apart and you will have half the police force swarming around your truck in about five minutes.

 

In Florida if you refuse a sobriety test they take you to jail. I believe it's 6 months in county jail and they suspend your license for a year or two.

In my home town, when they setup a DUI checkpoint they sometimes post it on the sheriffs office Facebook page. Tells you where and what time. Though of course not many people care to have the sheriffs office as a friend on Facebook lol