What do you do?

[Broompilot]

Lets say you get pulled into a Weigh Station, they red light you and you show all documents and it is all in order.

Than they want to search your truck? The cab and sleeper. Can they? I do not think so and I will object until a court order was issued. Why if I would not give a police officer permission to search my vehicle just because he wanted to should the same rule not apply to my truck?

By the way I carry no drugs, open or closed liquor, or weapons. The only people I will give persmission to are those at plants, or Military installions and border agents.

If we have to pass a involintary piss test I think this is far enough a violation into our personal lives. You might misunderstand me on this sentance, I do agree with this I just think this is the limit as far our government can reaach into my personal life. I feel any driver who fails a random gets what he deserves, as long as it was done properly I am always nervious that they will screw it up and stand their until they seal it taped shut.

 

[Tennesseahawk]

Broom... You can demand a search warrant. But all they'll do is make you wait for a couple of hours until they bring one back. Your refusal to allow them to search is suspicious to start with. Then stand by and prepare to have your truck torn apart! I don't agree with this philosophy, as I'm one who says the truck is our home on the road, and should be treated as such as far as search and seizure. But they don't see it that way. Just suck up your pride and let them do their business... you'll be out of there alot faster.

 

[ATeam]

What do you do? You provide the officer access to your truck without protest or complaint. Your truck is a commerical vehicle. BY LAW, it is subject to search at any time with or without cause. You have already agreed to the search by virtue of you owning a commerical vehicle. Your truck being subject to search is just part of the game.

Owners of show trucks will tell you that one of the down sides of owning a nice, sparkling-clean truck like yours is it draws the curiosity of law enforcement officials ; not because they think you are doing something wrong, but because, once in a while, they simply wish to see the inside of the truck. Thus a search.

 

[Tennesseahawk]

Ateam... in general, you are correct. But they can't search without provocation. It's just like a regular vehicle. They have to be looking for something in particular, and have to acknowledge that if you ask what it is they're searching for. I read that article on NY Supreme Court throwing out the law of roadside in depth searches where they tear the seats, panels, carpeting, etc. out. Our vehicles are treated the same as any other on the road. It's a little known fact that they have to get a warrant if you request it... but as I said in my previous post, that just gives them more of a reason to tear your truck up. I have nothing to hide, so search away.

 

[dukesadog]

A few years ago I was heading south through Valdosta Georgia with another driver ( milk tankers) on our way to the Publix supermarket processing plant in Lakeland Fl. It came across on the CB about a trooper on a bridge so we backed it down a little, we werent speeding just being cautious.

Another trooper on an on-ramp recorded our drop in speed upon passing him and pulled both of us over stating he just "knew" we had a radar detector in our trucks or one truck, the search was on...both tractors were CH macks with sleepers although we rarely stayed gone overnight..everything was taken out mattresses, contents of sideboxes and our coolers of milk samples ( milk drivers have 2oz milk samples for the market lab to test for antibiotics prior to unloading)

A huge deal was made and there was alot of cop cars there making a dangerous roadside show at night for everyone, when nothing was found almost 2 hrs later the cops left and we spent another 45 minutes putting our stuff back in the trucks in the dark.

We were never asked the question about a search and never really had any interaction with the officers they just told us to stand on the side of the road and shut up as we watched our stuff get thrown out the doors. They did check our logs and licenses but never said anything to us.

dukesadog

 

[kwexpress]

KW Express
o/o till i die

tell him you suffer from a mental disorder and you think everyone is out to get you and your afraid if he searches your truck he might plant something.

So in order to ease your mind if he wouldnt mind stripping before he gets within 20 ft or so of your truck then you dont mind if he enters your truck .otherwise take the time to let them get a warrant

 

[Tennesseahawk]

When they mention fuzzbuster, tell em, "I'm a trucker. This is a cb. Truckers use them to find out where speed traps are."

 

[BigDiesel]

Well if they tear your truck apart and dont make an attempt to put things back where it was that is a violation of the law and search and siezure procedures. I worked in law enforcement for a while and when ever you do a search you are to place things back as they were when you searched them or at least make an effort. You could have turned thier names in and filed a complaint and more than likely they would have been disciplined.

This will only work if they dont find anything.........lol

 

[tiredofsittn]

you know now days i see way more big trucks pulled over than cars. DOT, state, county, and city is getting in on the deal. to much harrasment, no rights, to many hands in the pot. have you heard the latest on the plans the great state of ohio has. i dont drive a big truck and never will. i always thought i wanted to. if i did i would be a third generation driver. the way they got things now there is no way i would.

 

[jaminjim]

And pray tell what are the plans that Ohio has?

 

[geo]

this is the reason to join ooida and place decal's on each side of your truck as you don't get stop as much

 

[dukesadog]

I had another instance of a similar type of thing up there, Cant quite remember exactly where it is but I want to say the Maryland/Delaware area where there is a set of toll booths that cross the water on I 95

My truck wasnt searched but an officer came strolling out of a building to the right of the toll booths in heavy traffic and just opened my drivers door while I was easing along in traffic and wanted to see the VIN number in the door jamb then walked away?

Still to this day have no clue as to why that happened

dukesadog

 

[RichM]

About a year ago I spent Saturday night at Rip Griffin's T/S on I 20 east of Dallas. I parked in the front lot off in a corner and had a decent nights sleep.
Sunday morning I was drinking coffee and reading the Dallas newspaper and a K9 police car pulled into the lot. He drove around and spotted me and came over and we did the license registration thing,then he made the dog walk around the truck. The dog stayed calm and he made me open thebox and the dog jumped in and still stayed calm.

Then the officer told me to open up the doors and let the dog into the cab and sleeper. I refused to do this and said" I don't sleep with a dog in my home bedroom so I don't want this animal in my road bedroom. He got poed and said to me" Well Richard we can do this the easy way or the hard way. The easy way is for you to let the dog in,the hard way is I will get a warrant and all that is in there will wind up on the pavement to be sniffed by the dog". So since I had no place to go , I said "Tell you what Officer Roberts lets do it the hard way. While you are getting your warrant on a Sunday I will be contacting my company and they will have laywers out here demanding to know What is Your Probable cause to search the truck".

He then gave me a nasty look and said "Ok you can leave this time".
I left and later on thought my actions were somewhat foolish as maybe he could get a warrant and then plant something in my possessions.

Small towns cops that need arrests are probably worse then DOT guys.

The point is that they cannot search your vehicle unless there is strong probable cause and you then have the right to ask them"What in specific are you looking for".He/she must say"Weapons,drugs.booze etc".
Then if you give permission for the search they can only look for the item that they said they were looking for.
Just because you are driving a commercial vehicle does not give a local PD power to detain and search through your possessions. A Team is incorrect in this however sometimes it's best to cooperate and not play hard ball.

 

[davekc]

Rich is correct.
If you have the time, sometimes a warrant can help if you think they are going to tear your truck up. If they fail to find what they are seeking, many states assume all damages.


Davekc

 

[RobA]

I'd just like to add one thing to this discussion.
Should you be searched by The Canada Border Services Agency they DO NOT have to replace things. That is in the regulations.
I guess that's another reason to get a FAST card; hopefully there would be fewer searches of your vehicle since they do a background check.
......BIG BROTHER ...........

 

[Broompilot]

Very Educational thank you all I was correct in my thinking, they must tell me what they are looking for and if they should come accross something else than to bad.

I have had a very bad incodent in the past with a person who should be hospitalized DA took the complaint had a warrant issued and I was arrested, booked, jailed, tried, and found innocent. All of this cost me thousands and I have never yet cleared my name. (really do not care).

I always up to that point 42 years in my life put 110% FAITH in law enforcment. Had never been in trouble with law in my life. Not no more the system was set up that you are guilty until proved innocent. Take no chances not me. I will insist on why, and you will strip before you enter my vehicle except at the borders I know the law on the border you give up all of your rights as a citizen. Guards in a guard shack will have to empty all
pockets and undo their wardrobe as well fair is fair you aint gona plant nothing in this vehicle.

 

[RichM]

I believe you can also request a Company represenative to be present when they serve the warrant and do the search.

 

[Aviator]

A lot of times with a situation like this, unless they have probable cause, all they can do is call in the drug/explosive dog and have the dog go around the outside of the vehicle. If the dog does not alert to the presence of such an item, they have to let you go.

That being said, it WILL cause you a lot of extra heartburn and pain in the #####. It's up to you if your rights are worth the trouble or not I guess.


Aviator

 

[greg334]

Ok I think that a few people are under the impression that a police officer needs a search warrant to search a truck. You all may not agree with me, but I pay my lawyer to keep me out of trouble and I ask a lot of questions to make sure I do stay on the right side of the law. With that said I also talk to a few in law enforcement that are very open about how they do their job and what they can and can not do.

There is no right answer for this subject just caution.

When I had my business and had trucks, even though they were cube trucks, I went to court because an employee refused to allow a cop to search a truck in WV. It was a state officer and the employee was arrested and the truck and its contents were hauled in at my expense to be thoroughly searched under a search warrant. After 18 months of fighting WV, $11,000 in legal fees and $5000 getting my truck out of impound, and a loss of money a lot in the stock that was destroyed during the search and not to mention the damage to the truck itself, the truck went back on the road.

Needless to say I learned a lot. The only crime this employee did was improper lane change, but he didn’t want to play the game of cooperation. When I went to court, I learned that the search was legal and there was probable cause based on the uncooperative nature of my employee. I also learned that they don't have to wait for a search warrant, they simply arrest you and impound your truck.

Here is what I learn from my lawyer about truck searches.

A state police officer can use their authority under the state DOT laws to search your truck. No search warrant is needed. Look at the laws, all is needed is probable cause and they don’t have to tell you why, just justify it to a court.

A state DOT officer also does not need a search warrant. Under different laws they can search your truck but can’t search certain personal items, ie. Duffle bag full of clothes. Remember that we all work in a REGULATED industry under an authority to operate, which includes random inspections as the norm.

A local police officer most of the time needs a search warrant except when drugs or weapons are involved and will ask your permission to search. Most states will also require that more than two officers are present when a search takes place and one is usually a high ranking officer. Let’s say you say no, they will have to get a search warrant unless they “see†something and even with a search warrant, they can hold you for 24 hours without a charge and impound the truck. NY is one of a few states that stopped destructive searches, I think that many will follow but if you think you will get paid for damages, you will need a good lawyer and go through all kinds of crap, I know first hand.

Now the last LEO is the federal LEO, which there is several. From my sources, any DHS officer (customs, INS, etc..) can without reason search your truck in a border zone. They don’t have to be polite or even tell you they are going to search, they just tell you stay here and don’t move as your trucks doors are being ripped off their hinges. If they suspect anything they have the LEGAL right to tear your truck down to the frame and NOT put it back together. OH yea, they DON'T have to tell you for any reason what they are or were looking for, it is in thier regulations. I have yet had a clear answer about outside border zones; I would assume INS would be nation wide.

As a side note I know someone who bought a truck from the Philippines (one of those fancy Jeep taxis) and the DEA and Customs drilled 2 inch holes in the sides of it looking for drugs. No drugs and no court case. They were in their jurisdiction to drill holes in the truck according to the court.

The FBI, IRS and a few others, which there are many works under different laws and they can and have called other agencies (like Customs) in to do searches for them to circumvent search warrants.

My lawyer also said when I got into expediting that because I am an independent contractor, (contracted to haul for a specific company and have the ability to leave anytime), the company has no obligation to help me out if i get into trouble unless there is something wrong with the paper work or the load. I am on my own because I own the truck and the truck is in my control.

My advice is cooperate and be truthful and don’t play games with them. Don’t think you have the upper hand in all of this, you don’t.

 

[RichM]

The way I understand it is that a DOT officer cannot search your truck unless there is a bonafide safety situation,such as holes in the sleeper floor allowing exhaust fumes to leak in.
Now customs can impound you and keep you in a holding area for 72 hours based on suspoicion alone. Perhaps Rob A can shed some more light on customs detaining a truck