Verbal warning

On his way out the door, the now ex MO governor signed a boatload of bills into law...one of which prohibits CMV inspectors from inspecting on the shoulder of any road with a speed limit above 40 mph. They can, however, do them on entrance/exit ramps with shoulders of sufficient size to be "safe" ...

 

Interesting, but I doubt a court will find that it constitutes an unreasonable search. Perhaps the opinion written will shed some light on what constitutes a reasonable search, for example, point out that it is limited to inspecting the parts necessary for safe operation as lined out in the FMCSA guidelines, and does not allow them to search through personal belongings, electronics, etc without reasonable cause. I think this is already generally understood among law enforcement but I'm not sure what, if any, case law there is to support that idea.

However the courts have long held that regulatory inspections to ensure compliance with regulations do not constitute an unreasonable search. Whether that is right or wrong is up for debate, but that is the position of the courts.

 

The chances of an OTR truck driver having a dead hooker in his or her sleeper cab are SERIOUSLY NIL TO NONE.
It is VERY DOUBTFUL that 99% plus of all OTR truck drivers would ever get themselves to get into a situation like that.

God bless every American and their families! God bless the U.S.A.!

 

Which will make the length of the stop longer.

 

If a dot needs probable cause there will be a lot less trucks being stopped...

 

If the D.O.T. is going to stop a truck, they will probably delay the truck driver for as long as needed until a warrant comes through on their faxes or computers. In the long run, it will be much harder on the truck drivers.

God bless every American and their families! God bless the U.S.A.!