Warrant-less Searches of CMV Cabs

[SickRick]

Thanks Hobo...

As we all well know, there ARE WELL DEFINED SITUATIONS where we are COMPELLED to submit to as detailed a search as the authorities care to perform. Border Crossings, Entry into Government installations - and are (hopefully) prepared to do so.

What has come out so far (as I suspected), is that there is no authority conveyed by any FEDERAL REG under 49 CFR (or any Fed rules that govern our industry), that waives 4th amendment rights and compels us to submit to a search or our tractors SOLELY BECAUSE THEY ARE COMMERCIAL VEHICLES.

So, aside from the heat we might take is it were for example, a COMPANY VEHICLE and we refused a search (what were you trying to hide there driver?).

We are held to so much of a HIGHER STANDARD than the average citizen/driver (and rightfully so, thank god), are made to submit to oftentimes ridiculous rules (some of the provisions of HOS regs come to mind here - you can only drive so long, but you can't park anywhere or run your engine for heat/air to actually SLEEP), so really, I was just curious how much of our RIGHTS (to privacy, against self-incrimination, to due process, etc.) we voluntarily (knowingly or otherwise) SURRENDER, in order to drive a CMV.

It brings to mind the ACLU Bust Card - What To Do If Stopped By Police. I answer no questions, give no permission to search. I'm not PARANOID - just SAFE. And I'm a LAW ABIDING CITIZEN. Even when a cop comes knocking at my door (and I LIKE COPS), I grab my keys, step outside and lock the door behind me. I have NOTHING ILLEGAL in my house, I just refuse to waive my right to privacy without a damn good reason.

Rick

[RadioRay]

There is one thing that may trip up drivers and cause trouble with regards to Search & Seizure. That's when it comes to inspection of their CB radios. At some time in your driving career, you may run into an FCC agent who ASKS to inspect your radio equipment. According to US law (and Part 95, Title 47, US Code of Regulations) you MUST permit FCC inspection of your radio equipment! ALL radio stations, TV, Broadcast, CB, ham radio stations must permit inspection! SO if an FCC agent approaches your vehicle and asks to inspect YOUR CB in your truck, don't think you can wrap yourself up in the Constitution and deny the agent permission because it has *NOTHING* to do with the 4th Amendment! Here's where people get into trouble over this.
You MAY refuse the agent entry to your house, car, or commercial truck because you believe you are exercizing your rights. BUT this most certainly will lead to a hefty fine-----------------NOT for denying entry under the 4th Amendment! You will get fined (usually around $7,000) because you REFUSED inspection under Part 95 (the CB Radio Rules) and it is a REQUIRED condition for a citizen to operate a CB radio! It's IN the Rules! And people will say "WHOA"! I don't HAVE to let him in my truck under the 4th Amendment. Well, the premise under which this works is, a CB radio is NOT a "right". You are required to READ Part 95, under the LAW it is YOUR responsibility, and
you can't claim "ignorance" while the agent is handing you a NOF (notice of fine). And, according to the law, you don't HAVE to operate a CB, so you are still bound by the rules if YOU DO! Check this out; you don't have to take *my* word for it! It's true. A number of CB operators have been FINED over the "inspection" clause!

RR

[SickRick]

There is one thing that may trip up drivers and cause trouble with regards to Search & Seizure. That's when it comes to inspection of their CB radios. At some time in your driving career, you may run into an FCC agent who ASKS to inspect your radio equipment. According to US law (and Part 95, Title 47, US Code of Regulations) you MUST permit FCC inspection of your radio equipment! ALL radio stations, TV, Broadcast, CB, ham radio stations must permit inspection! SO if an FCC agent approaches your vehicle and asks to inspect YOUR CB in your truck, don't think you can wrap yourself up in the Constitution and deny the agent permission because it has *NOTHING* to do with the 4th Amendment! Here's where people get into trouble over this.
You MAY refuse the agent entry to your house, car, or commercial truck because you believe you are exercizing your rights. BUT this most certainly will lead to a hefty fine-----------------NOT for denying entry under the 4th Amendment! You will get fined (usually around $7,000) because you REFUSED inspection under Part 95 (the CB Radio Rules) and it is a REQUIRED condition for a citizen to operate a CB radio! It's IN the Rules! And people will say "WHOA"! I don't HAVE to let him in my truck under the 4th Amendment. Well, the premise under which this works is, a CB radio is NOT a "right". You are required to READ Part 95, under the LAW it is YOUR responsibility, and
you can't claim "ignorance" while the agent is handing you a NOF (notice of fine). And, according to the law, you don't HAVE to operate a CB, so you are still bound by the rules if YOU DO! Check this out; you don't have to take *my* word for it! It's true. A number of CB operators have been FINED over the "inspection" clause!

RR

Thanks for the info - interesting to know - 'specially for all our buddies here that are dead key-ing in the mega-watt range.

But again, letting the FCC guy (with proper ID of course) inspect your heavily modified Galaxy 94HP, is a little different from them going through your sock drawer. If you're not making a nuisance of yourself, or advertising your wattage output obviously (3 inch thick coax is a DEAD GIVEAWAY, as are those huge antenna or the spare tray full of batteries) the odds of anyone on this board getting pulled over by an FCC officer for a CB inspection are probably miniscule at best.

Rick

[Musicman]

Tip: always leave a full pee pee jug in plain sight in the sleeper, and a few articles of women's clothing. They looked at me funny after the search, even though it was a few things my gf left in the truck lol.

Back in my wilder days, I had a buddy who was a marijuana dealer who avoided getting busted in car searches by carrying a 10" black dildo and a big jar of "Anal Lube" close to his stash spot. Several times I watched officers do a thorough search until they found Joey's little surprise for them and viola, the search was prematurely halted! My job was to give the cops sheepish grins from the moment we got pulled over. I don’t know if it’d work at a border crossing, but it sure would be fun to see the looks on the agents’ faces when they found the dildo (especially if you’re alone or have a male co-driver).

[freebirdrfd]

Back in my wilder days, I had a buddy who was a marijuana dealer who avoided getting busted in car searches by carrying a 10" black dildo and a big jar of "Anal Lube" close to his stash spot. Several times I watched officers do a thorough search until they found Joey's little surprise for them and viola, the search was prematurely halted! My job was to give the cops sheepish grins from the moment we got pulled over. I don’t know if it’d work at a border crossing, but it sure would be fun to see the looks on the agents’ faces when they found the dildo (especially if you’re alone or have a male co-driver).

[freebirdrfd]

Tip: always leave a full pee pee jug in plain sight in the sleeper, and a few articles of women's clothing. They looked at me funny after the search, even though it was a few things my gf left in the truck lol.

why would your girlfriend leave a full pee pee jug in your truck???????

[Fredog]

There is one thing that may trip up drivers and cause trouble with regards to Search & Seizure. That's when it comes to inspection of their CB radios. At some time in your driving career, you may run into an FCC agent who ASKS to inspect your radio equipment. According to US law (and Part 95, Title 47, US Code of Regulations) you MUST permit FCC inspection of your radio equipment! ALL radio stations, TV, Broadcast, CB, ham radio stations must permit inspection! SO if an FCC agent approaches your vehicle and asks to inspect YOUR CB in your truck, don't think you can wrap yourself up in the Constitution and deny the agent permission because it has *NOTHING* to do with the 4th Amendment! Here's where people get into trouble over this.
You MAY refuse the agent entry to your house, car, or commercial truck because you believe you are exercizing your rights. BUT this most certainly will lead to a hefty fine-----------------NOT for denying entry under the 4th Amendment! You will get fined (usually around $7,000) because you REFUSED inspection under Part 95 (the CB Radio Rules) and it is a REQUIRED condition for a citizen to operate a CB radio! It's IN the Rules! And people will say "WHOA"! I don't HAVE to let him in my truck under the 4th Amendment. Well, the premise under which this works is, a CB radio is NOT a "right". You are required to READ Part 95, under the LAW it is YOUR responsibility, and
you can't claim "ignorance" while the agent is handing you a NOF (notice of fine). And, according to the law, you don't HAVE to operate a CB, so you are still bound by the rules if YOU DO! Check this out; you don't have to take *my* word for it! It's true. A number of CB operators have been FINED over the "inspection" clause!

RR

[zipy46]

why would your girlfriend leave a full pee pee jug in your truck???????

Its kinda sick....but i have always wondered how do women go in a jar

These are the things i begin think about after being out for 6 weeks without a break

[Fredog]

Its kinda sick....but i have always wondered how do women go in a jar


These are the things i begin think about after being out for 6 weeks without a break

how do women go in a jar
VERY CAREFULLY
or they can use this
http://www.go-girl.com/what-is-gogirl.asp

[cdswans]

Rub your eyes to redden them, force a few coughs and sneezes, then ask the cop to excuse you as you're coming down with the flu.