hornet28 wrote:
JRscooby How does making sure your truck is safe give them the right to search in the sleeper?
Very interesting question, 1 I would love to discuss with anybody that would listen, think and look at facts with open mind.
Going back forever, it has been accepted that in times of war, some rights must be limited. (Read laws passed before WWI. Internment camps WWII. Bet both sides had checkpoints in 1776)
1969, I took a oath to defend the Constitution. At that time the Constitution had so many amendments I could not keep them straight. Sense then congress has declared 2 wars. For over 50 years the "War on Drugs" has been giving more power to police. CMVs are a special case, but in fact LEO
can search your vehicle anytime you are on the street, just because most people think police will always act right.
You get stopped for any reason. CMV, can be just safety check. But sometimes it seems random. (Ever have officer ask "You know why I stopped you?". Any reply but NO gives him a reason for the stop. Now sometime in the course of that stop, he asks if he can look inside. (If he has real probable cause, he will not ask.) If you say yes, (and he is not one that will plant) he will search, normally do no damage. If he finds nothing, you are on your way. Now I say "no damage" in the sense the burglar didn't find anything to steal.
No if you say no to look around, LEOs are trained to look for clues you might be doing wrong. If he decides you are, he will search the vehicle. If he finds nothing, he has lost nothing because your recourse against the violation of your rights is limited. You can sue the department, but not him.
You say why would he search, nothing he finds can be used. If he finds something, you go to court. Your lawyer tries to suppress the evidence, because illegal search. Uncooperative (Said NO?) glassy eyes, sweating, stuttering bunch of reasons. Can any witness dispute what officer says? Only the judge can say I don't believe this officer.
Somehow between the war on drugs, and the war on terroir the Constitution has only 1 amendment that should be defended.
AT least I did not have to pee in the bottle that day.