The 4th amendment states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
In Terry v. Ohio, the U.S. Supreme Court ruled that a person can be stopped and briefly detained by a police officer based on a reasonable suspicion of involvement in a punishable crime.
What Crime you say? Where should I start, you are a commercial driver doing Commerce in a regulated industry called Transportation. Typically the violation is targeted at weights and measures, followed by hours of service violations and equipment defects.
The random inspection is suppose to be used only by officers is certified by the DOT to conduct a routine roadside inspection for out of service violations.
Your rights as a citizen are not being infringed upon by the government when the government enacts laws regarding the operation of a commercial motor vehicle used in interstate commerce. The state has the right to rule and regulate the carriers, the officer is limited to conducting a random inspection when there is reasonable suspicion. However, the definition is literally interpreted by the acting officer who may fail to state that a random inspection is for a particular reason such as " checking your logs" or other suspicions based on other factors like being unfit to drive based on observations of some other violation. The use of random inspections is vague to say the least. Whereas, the LEO may sometimes use rest areas equipped with portable scales to conduct a random inspection of the gross axle weights.
Are you able to provide proof the police were infringing on your 4th amendment protection ? I don't think so, Someone would have already challenged this in a court of law. What we have here is a mandate that all commercial vehicles and drivers are subject to periodic inspections at times outlined by the each state under the guidance of the FMCSA.
So I must ask, where is the harm in conducting a random inspection?
RS not required for traffic stop to conduct DOT inspection?
Discussion in 'Trucker Legal Advice' started by RockinChair, May 5, 2017.
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Like some of the other posts, I cant give you legal specifics on why but in general:
The president of the US, Congress & the Senate, created a government agency (USDOT) to consider, write & put into law rules for CMV's. They have the authority to create & enforce these laws. I assume that once considered & written, these laws go to congressional members who preside over the department & decide whether the suggestions should be put into law. If so passed, it goes to members of the US Senate who review & vote on the bills. If passed by both the house & senate, its law. At that point, the USDOT puts the rule in the books & its law.
So, to answer your question in general terms, its cause USDOT drafted the rule, the US Congress & the US Senate voted to make it law, the USDOT placed it in the rule book. So, its law. Just like any other law....
I dont know how to make it any plainer.
Mudguppy Thanks this. -
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