RS not required for traffic stop to conduct DOT inspection?

Discussion in 'Trucker Legal Advice' started by RockinChair, May 5, 2017.

  1. Grizzly03

    Grizzly03 Bobtail Member

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    I've really enjoyed reading all the posts. I to was pulled over for a inspection and was questioning how they can do this and why. Now I see. I didn't receive a ticket. He said all was good. I do however wish to not been pulled over on a two lane. I'm assuming stopping for a violation and then doing a inspection doesn't count for a inspection only stop
     
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  3. m16ty

    m16ty Road Train Member

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    My brother got pulled over in a loaded log truck on a 2-lane with small shoulder. He just shut it down in the middle of the lane. Officer yelled at him to get that truck off the roadway, but my brother asked him if he could guarantee the shoulder would hold him and would be responsible for what happened if it didn't. He just yelled at him a little more and told him to move on.
     
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  5. x1Heavy

    x1Heavy Road Train Member

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    Unfortunately when you license to drive anything or go into public roads or into public, you give implied consent to stop and search. The 4th Amendment does not apply anymore in public. When you go out of your home, etc you assume that you are "Naked" to any and all intrusions upon your person and effects.

    Things have changed since 9-11. Here where I live, our Lawmen are pretty small town, but they can identify a non resident if such a vehicle or person stayed in our area 20 minutes too long. That is one thing I enjoy about small town living.

    I grew up in Baltimore City, where we had mounted horse and once in a while it will be ok to pet it and give it some strudel or apple. And the encounter in those days in the 60's the only thing they had on them is keys, nightstick, a revolver and that's it. Anyone moving on their few block beat was known and left alone. Those who behaved different intent were accosted.

    When they went two to a car in the 70's the ability to live with the police went away. Now they have almost become militarized.

    We had a death recently while the coroner was in there investigating late at night, one of the local lawmen were on gaurd at the door. Some of us were sharing stories about this particular person in his house. And what little we knew of him. The atmosphere was non confrontational but when you walk past the same officer at the store tomorrow, you are not the problem he is interested in. He's looking for someone else. Smile and wave, be on your way.

    And I happen to be a licensed concealed carry so... armed. It's not a problem. It would be really fast and bad hard if I chose to make it a problem.

    That is one of the benefits in living out here in a area that has little street crime to speak of. A little bit of domestic abuse, some drugs and a occasional shooting. It's all good. Unlike back home. It's not home anymore. You are under suspicion. Abandoned Baltimore to the Dindus (I did not do...) and let the police beat the rest into the paddy wagon. But I refuse to live in such a environment of a failed city.

    If this area ever gets bad, I know quite a few quiet places out west where Im agoing. And it's home just like the rest of the blessed USA. Thats one of the benefits of trucking.
     
  6. RockinChair

    RockinChair Road Train Member

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    OK, that seems plausible. Can you point me to relevant case law?
     
    x1Heavy Thanks this.
  7. x1Heavy

    x1Heavy Road Train Member

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    This one.

    It's only a start.

    Implied Consent Laws
     
  8. RockinChair

    RockinChair Road Train Member

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    Thanks. I knew that implied consent applied to alcohol testing, but I was never talk that it applied to anything other than that.
     
    x1Heavy Thanks this.
  9. x1Heavy

    x1Heavy Road Train Member

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    Heavy Artillery Reading for you. Search and Seizure.

    Consent Searches
     
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