Where in the FMCSA regulations do it say about drivers being stopped without reason?

Yes and no. He can look inside and measure the sleeper and check for restraints. Look at gauges for proper air leaks, etc He can't go through anything else unless he sees something in plain sight (like drug paraphernalia) though.

 

You are almost 100% right! In fact, MUCH more right than wrong. I could spend time researching the court precedents mostly SCOTUS decisions but will not. When you are in a vehicle of any kind on a public road a warrant is NOT needed for a search. YES, the officer needs probable cause as you CORRECTLY stated. This is a hotly debated topic I am not inclined to get too deep into. I will also add the type of vehicle has nothing to do with this.

Cops can search a vehicle legally in two basic ways. A cop can say he smells drugs like if somebody is smoking weed or a K9 alert. Trust me, that odor is VERY distinctive. OR they can arrest you for a host of reasons and have the vehicle towed and later do a full inventory!

 

I can tell you this from experience, if you come to Michigan, and to Wayne county, some county cops can pull you over and they are not “trained” to follow the cvsa guidelines, telling them they are wrong pulling you over pisses them off and they will make you sit there and inspect every inch of the truck to find anything to ding you on.

actually they can inspect the cab without a warrant, the cab is a work area and there has yet to be a case where the claim of a warrant is needed for the cab has been upheld. The cab is considered open to inspection at any time without reason given,

The sleeper is a very grey area, an inspection of the sleeper includes as ZVar mentions the restraints and sleeper bed but also the sleeper bed “Adequate bed clothing and blankets”. It means he can check for leakage from the exhaust system, which if you have a leaky gasket on an older Pete, well get it fixed. This means that he can ask for or search for the “Adequate bed clothing and blankets” and the cop determine what “adequate” means but also during his search anything discovered illegal is open for his discretion.

now this doesn’t include the border patrol and their 100 mile border searches or a search at the border which is a legal warrant-less search. They can tear into your truck, take it apart to look for contraband and in most cases there isn’t a thing you can do about it, one reason why cops use border patrol to search vehicles here in Michigan, they don’t need probable cause.

People tend to forget that an interstate truck is a federally regulated item, there has been court cases about this from what I read but only a few were decided in favor of the driver. The sc has upheld the regulations for rail, air and trucks under the interstate commerce clause, which means that we have to follow the regulations.

 

Only reason they need is they have a badge and you have a CMV

Every time you vote to give the government more power you get less freedom

 

Think they can’t search your person or the inside of your vehicle ? They can use there best friend “I smelled marijuana” so now I can search anything I want.

Keep voting for Democrats you keep getting more and more government and you get less and less freedom.

 

Wrong.

Can the sheriff or state police search your semi truck - Legal Answers - Avvo

The DOT can only look for things that are required by FMCSA regulations, like sleeper restraints, etc. They cannot open your cabinets and dig through your stuff. Without probable cause or a warrant, they don't have free reign of your vehicle just because it's a CMV.

Also a lot depends on who owns the truck. If the driver owns it, then that is his personal vehicle and they would need a warrant to search it like any of his other personal vehicles. If you're a company driver the company would have to give consent to the DOT to do anything beyond what is required to ensure you are in compliance with the regs. They may have already done this.

The rules do vary for border patrol, I'm talking about plain old cops.

 

This is 100% false! This bit about living in basically a home on wheels was decided by the US Supreme Court in their California V Carney decision!

This warrant thing has already been decided by a ton of court cases.
Carroll v. United States
Chambers v. Maroney
Byrd v. United States

Just because you live in a motor vehicle DOES NOT mean you have 4th amendment rights! Police Officers DO NOT need warrants to search ANY vehicle provided they can articulate probable cause!

Let me tell you what is going to happen once a cop has established probable cause and you refuse to step aside. The cop is going to arrest you ON THE SPOT! You will then in most situations be placed in the backseat of a patrol car while they enter the vehicle. In today's world, most cops are using body cams and they will have everything recorded. Depending on how bad you piss off the cop there is a great chance this cop is simply going to have you booked for obstruction and impound your vehicle. Then once that happens they will do a search to inventory everything in the vehicle.

All it takes is to search my posting histories to see I am far from a cop sycophant. I don't agree with most of this highway BS and never will. This is why I tell people all the time to be nice, but be mindful of what you say. Don't start answering a lot of questions ESPECIALLY during a DOT stop about your HOS! This can lead to a bunch of gotcha stuff. Just be nice! However, once that cop articulates they have probable cause, the jig is UP! The side of the road is NOT the place to start court. If the cop has overreached then take them to court later. Most of the time you are going to lose this!

 

Hard working public service professionals

 

Well they did what was expected of them. I wouldn’t lump all of us in the same category. Besides I’m a happily retired Trooper.

 

I said in the very first reply in this very thread that they would need probable cause. Without it they can't search you.

So I remain and am still correct.

Where in the FMCSA regulations do it say about drivers being stopped without reason?