So i had my truck searched on friday

Discussion in 'Trucking Industry Regulations' started by eckz, Jul 27, 2008.

  1. Snowman&Fred

    Snowman&Fred Light Load Member

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    Don't forget, those dogs are 'trained' dogs. All any state trooper has to do, once he has ANYBODY pulled over, ask to search your vehicle, and if you say 'no', call for such a dog. All they have to do is whistle, grunt, or whatever signal they give the dog to scratch and bark to 'alert' the officer, thus giving them a right to search your vehicle. ALTHOUGH, if the dog 'alerts' the tractor, and not the trailer, then sorry, you're not getting into it.

    And i will be sure to video EVERYTHING, then forward a copy to the govenor, state officials, and whoever else to complain about undue force. I am a nice guy, but can turn into a "Richard" on a dime if someone tries to be 'cute'.
     
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  3. Eric the Red

    Eric the Red Light Load Member

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    If the dog "alert's" them that establishes probable cause, however, they still need to get a warrant to conduct the search.

    I got stopped at the Border Patrol outpost on I-10E in NM once and had an officer decide I needed to be searched. Since I'm about as white as white can be, I was a bit irked to have the Border Patrol conduct a search. I went along with it and when he found a garbage bag in my trunk ( I had recently bought the car from my mother, and she had left a bag of clothes for donation in it ), he asked that I untie the bag. Instead I ripped it open and dumped everything into the trunk and gave him one of those "what now' shrugs, and waved to the traffic he was holding up. I was then sent on my way.

    It still rubbed me wrong. Had it been a state trooper I could have understood it better, but being held up by the Border Patrol just pissed me off since I wasn't at a border crossing.
     
  4. Snowman&Fred

    Snowman&Fred Light Load Member

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    I dont have a degree in criminal law, or anything, but they dont need a search warrant to search your car if a dog has 'alerted' them to drugs (or whatever) in the car. Much like detectives who want to enter a house, can look in the kitchen, see a knife laying out CLEARLY has just been used to dice a tomato, and claim they saw blood, and kick the door in.
     
  5. lostNfound

    lostNfound Road Train Member

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    :biggrin_2559: :biggrin_2559: :biggrin_2559:

    In San Diego, a woman accused me of backing into her pickup in a parking lot (I didn't, it was another truck). She wanted my information but refused to give me hers. So, I said we will just call the cops and let them sort it out then (she wasn't thrilled about that idea ... gee, I wonder why :biggrin_25526:). When I went to use the phone at the receiver a cop just happened to drive by so he stopped. When I got back to the truck, the cop says, "Don't you realize you backed into this lady's truck?" I said, "I didn't back into her truck." After asking me the same question several times, he got very agitated and asked me how much I had to drink and threatened to take me in. I said I hadn't had a drop to drink, but I wasn't going to answer his incorrect leading question either. He looked stunned for a couple of seconds and then completely changed tactics ... becoming the "good guy". :biggrin_25523:
     
  6. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    Calling a marshal to rescue you from the clutches of a DOT cop is nothing more than a cruel CB rambo myth.
     
  7. truckermario

    truckermario Road Train Member

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    US marshals only come to bail out "protected" people like a certain idiot senator who didn't realize he had absolute power over a certain cop who had come to arrest him.:biggrin_25525:
     
  8. Eric the Red

    Eric the Red Light Load Member

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    Yeah. I just refreshed myself on some case law. Would seem I was wrong.
     
  9. CURTWAYNE

    CURTWAYNE Medium Load Member

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    If a police dog "alerts" his handler, that is all they need to go all the way.
    Good luck in trying to stop them, "until the US Marshall shows up."
    Tain't happening, Mcgee!
    If you resist, guess who's going to be wearing handcuffs, sitting cramped in the back of a cruiser, while they throw everything out of your truck and trailer?
    And when they finally decide that you aren't hauling anything illegal, they will decide whether to arrest you for obstruction of governmental operations.
     
  10. BobC

    BobC Medium Load Member

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    Cincinnati, slOhio
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    Most of us are aware of the abusiveness that cops can unleash on a person.
    It's in the news all the time.

    Just remember, there is ALWAYS an afterwards.
    You might have to eat poop during the event but afterwards brings your turn.

    If you pursue it, someone will be accountable for the groups actions.
    It just costs you some money to make a point.

    I WILL spend that money just to prove a point.

    It's when good people do nothing about the abuse that allows it to continue.

    I didn't ask for any of their sh**. Let's see how they like some of mine.

    If anyone reads trial transcripts or opinions, you'll see many times where a court decision has been overturned & remanded by reviewers.

    There was one I just read where a trucker was stopped for speeding & the cop turned it into a level 3 inspection.

    During the inspection, the cop saw a briefcase laying on the bunk on top of some dirty clothes. He asked to open it & the driver said no. The cop opened it anyway to find a .380 in it. The driver turned out to have a felony record so he wasn't supposed to have the gun.

    Here's where probable cause comes in.

    The court found the driver guilty of gun possesion & that he had small errors in his logbook regarding fuelstop times recorded off-duty.

    After review, the gun thing was thrown out because?? The cop didn't have probable cause to look in that case for a level 3 inspection.

    No more gun charge.

    You have rights no matter what anyone tells you.

    Unfortunately, because of the way enforcement works, you usually have to test those rights in court.
     
    MACK E-6 Thanks this.
  11. Pur48Ted

    Pur48Ted Road Train Member

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    exactly, I wasn't gonna say it. Glad you did.
     
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