Random Truck Search?

Discussion in 'Ask An Owner Operator' started by ReeferRookie, Nov 15, 2019.

  1. Sirscrapntruckalot

    Sirscrapntruckalot Road Train Member

    They might be referring to the "am I being detained, or arrested" thing. Can't hold you past a certain amount of time unless your being detained/arrested. The below is just a link explaining it.

    Arrest vs. Detention: How to Tell Whether You've Been Arrested or Detained

    You do have the right in most states to record a traffic stop though. Won't make you any friends with the cops but you have the right to do so, according to past rulings in various states.

    On the topic of searches....I've had it both ways. Cops get mad you won't give them permission an the ones who are like "Cool, it's your right, be safe.".

    Declining a search of your home or vehicle doesn't make you guilty despite what people like to believe these days.

    What's that old saying..."Innocent till proven guilty"? Funny how society today has corrupted that to be "Guilty until proven Innocent". You see it everywhere, forums, the internet, to tv, to the news, politics, etc etc.

    Whether you allow them to search or not...it's good to know your rights, an to always be respectful during a traffic stop. Getting pissed isn't going to make the stop go any faster an your just going to piss off the cop.

    Far as I know you can't refuse a border search. I could be wrong in which case cool.

    Sirscrapntruckalot - See below Disclaimer -
    **I'm not a lawyer, nor do I pretend to be one. All opinions in this post are mine, an mine alone. I've not offering law advice, or soliciting it. So if you end up in jail, to bad you should have consulted a real lawyer an not a internet forum. Have a good day!
  2. Sirscrapntruckalot

    Sirscrapntruckalot Road Train Member

    Not being a jerk but does your company have a rep for being unsafe, or past violations, or drivers who did dumb things? Could make them zero in on you a little bit more.

    Could also be something as simple as they saw you, an co-driver(if team) an like another said you fit a certain profile. Maybe someone dislikes your company , or truckers in general an is making false snitch calls.

    This day an age, who knows.

    Good luck!

    Sirscrapntruckalot - Yes I could have added this to my other post, but who am I to be predictable.
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  3. MGE Dawn

    MGE Dawn Heavy Load Member

    May 19, 2019
    Vancouver, WA
    Forget "guilty until proven innocent," these days it's "guilty even after proven innocent"
  4. PoleCrusher

    PoleCrusher Road Train Member

    Aug 26, 2014
    I've heard this so many times, the "They can't search my sleeper, it's my home....without a warrant" argument. Sorry, but at the Federal level, all an officer needs is probable cause. So unless the state's law is more restrictive than the federal law, they do not need a warrant nor your consent, just probable cause. If you disagree, fine, you'll lose in court though.

    Vehicular Searches

    Do Police Need a Warrant to Search My Motorhome?

    That doesn't mean they can just search any time they want, they have to show legal justification...

    Car Searches After Traffic Stops: Not Always Allowed

    I would make sure the officers explain their reasoning, and probable cause, while my recording device is active. Make sure they know you are recording, and watch them closely. But please don't try the "My sleeper is my home," line, they will be laughing at your lunch counter legal expertise.

    Former E. Texas police captain sentenced for planting evidence

    An LAPD officer accidentally filmed himself putting cocaine in a suspect’s wallet

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  5. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

    Jan 13, 2013
    SW Arkansas
    Look it up.
    Electronic Code of Federal Regulations (eCFR)

    (e) Equipment. A sleeper berth must be properly equipped for sleeping. Its equipment must include:

    (1) Adequate bedclothing and blankets; and

    (2) Either:

    (i) Springs and a mattress; or
    (ii) An innerspring mattress; or
    (iii) A cellular rubber or flexible foam mattress at least four inches thick; or
    (iv) A mattress filled with a fluid and of sufficient thickness when filled to prevent “bottoming-out” when occupied while the vehicle is in motion.
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  6. wndrwtr

    wndrwtr Light Load Member

    Mar 12, 2007
    I now have 38 years out here on the road. You would be surprised at the number of FORMER doctors, lawyers, law enforcement , and even CEO's of companies I have met that are now driving a truck.
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  7. FoolsErrand

    FoolsErrand Road Train Member

    Sep 15, 2017
    I know a former banker who unloads lumber 3rd shift for home depot.
  8. mp4694330

    mp4694330 Road Train Member

    Aug 30, 2010
    Can tell us details, please. @me myself and I
  9. ReeferRookie

    ReeferRookie Light Load Member

    Oct 4, 2019
    No we are always safe, no bad records, nothing bad. There is someone who really doesn't like us (another carrier). Starting to wonder if he said something. Either way, it was all fine in the end, just a weird experience.
    Sirscrapntruckalot Thanks this.
  10. Tx Countryboy

    Tx Countryboy Road Train Member

    Sep 18, 2019
    You wouldn't believe the ones pulling em over for lane drift & searching.
    Sure it's 55mph wind gust out there & 28,000 in the box.
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