Can law enforcement enter the truck during inspection?

OK you think so but I'm not.

Never said that.

There is a limitation that the courts have created.

The Supreme Court ruled that administrative inspections do not violate the 4th amendment. They were clear in this decision, the authority who inspects to make sure the regulations are followed can inspect a truck at any time for any reason, but they are limited to the regulations, not to go beyond them - which there is a catch I mentioned and going to expand on.

What is a simple inspection?

Never heard that.

Oh ok, Well ... WRONG.

The state officer who does the inspection has the right to go through your truck within the limits of the regulations that the state has adopted, these are FMCSA regulations which can have stiffer or more stringent regulations.

When they do an inspection, it is an administrative inspection.

They have limitations to how the inspection takes place, they can't go through areas that are not regulated, and they can look at the sleeper, the mattress, and bedding, but others have serious comprehension problems, they are NOT checking to see if the bed is made.

NOPE, that's wrong.

This is a regulation inspection, it is legally called an administrative inspection for a reason.

IF there are drugs that are found during this type of inspection that are on the list of schedule 1 drugs found on the list 21 part 1308.11 that is referenced by 392.4 this can be evidence in a criminal case - period.

This has been held up in court as part of the inspection process under an administrative inspection.

Again this is not a violation of the 4th amendment.

No permission needs to be given - PERIOD. You can not refuse an inspection either, an enforcement officer can make your day a miserable one.

That's right, they are not searching, they are inspecting.

However, the inspection that turns into a search because of evidence due to something that is found is still not a violation of a person's 4th.

True never said it was but it is an administrative inspection and another issue about it, they don't have to have any reason to pull a truck over for an administrative inspection.

Now I went through this crap with two drivers, one pulled a sovereign citizen crap with a judge, I was there in court because I owned the truck. The driver tried to use YouTube videos to reinforce their claim that their 4th was violated, the judge was not having it, he explained everything I explained and a lot more, one is that the youtube "morons" seem not to take on the cases of people who use this argument.

 

Yep, still can't admit you are wrong. Why am I not surprised.

 

About the drug dog trick. They cannot hold you any longer than necessary to complete the reason for the stop. If that dog is 15 minutes away then tell the cops to finish writing the ticket. If they dilly dally on that for the purpose of giving time enough for the dog it is easily thrown out in court.

 

While true, it does nothing for the 3 hours you've now spent dealing with corrupt LEO's on the side of the road....

 

Which you would have done anyway. But at least now they'll ultimately get nothing from it.

From 2015. https://thehill.com/regulation/cour...ules-cops-cant-hold-suspects-to-wait-for-dog/

 

When I was a young co*ksure big rigger I was always right. Went to jail to prove it.

Once I figured how the real world worked I understood the cops, regardless of affiliation, are right..even when they're wrong...
We've gotten along now for decades with that logic.

 

Again, I just reported as it is, and I am not anti-law enforcement. I personally have never had an issue with any law-enforcement officer ever. I’m always polite and respectful. It’s surprising how far you can get doing those two things. That said, I am well aware of my constitutional rights as well. What you describe above, the tables are kind of turning, and I’ll tell you why. Because there are cameras everywhere. And the Supreme Court of this country has already stated we are allowed to film law enforcement officers while they’re conducting their duties. It has become abundantly aware how often people’s fourth amendment rights are violated while interacting with the police. And the lawyers are lining up with this video evidence to represent these people, and they are winning these lawsuits in a slam dunk fashion against city after city after city. Time and time again. This is why and many of these videos now you see the officers back down. If they cannot reasonably articulate a crime, they are letting people go. People are setting up cameras everywhere. On their person, in their vehicles, you name it. It is having an impact.

 

Last night I had dinner with a friend who is now a retired Virginia DOT cop. I briefly went over this thread with him as we discussed the procedures as he understood them. He reminded me that in some states DOT cops are NOT general law enforcement officers and can ONLY deal with administrative issues as @Ridgeline spoke about. He then went on to say however that the vast majority of DOT cops nationwide are state-certified cops in ALL matters. I had forgotten about this point. Here is the issue. The side of the road is NOT where you argue with a cop. If a cop messes up you have options later on. Here is where it gets complicated and I really wish people who are not well versed on the finer points of law would stop dispensing legal advice. So the question is "Can a cop enter the truck?" that answer is YES they can. It may not be legal at the time and the cop might well be violating your rights, but what is done is done and you the trucker have a decision to make. Do you hire an Attorney, and take time off the job for hearings, only to find in 90+% of the cases the judge will upon a motion of the defendant toss the case under the doctrine of qualified immunity? I don't like it and my friend had some things to say about my next comment I can't repeat here. The US is slowly sliding into being a police state. Lawmakers and the courts are using the Bill of Rights as



now!

 

Elected officials that either manipulate their way into office, or clearly get their box checked by uneducated, uninformed voters simply because that person is the same nationality, or thinks they "look" trustworthy, or "my neighbor told me to vote for them"...we're in this situation because we've put ourselves in this situation. It is becoming a police state.

 

It’s funny, because we have a great influx of people immigrating to this country right now. Or I guess you should say just coming here. The current administration figured out that the people coming from Venezuela will never vote for a Marxist, or even a socialist type of government. Why? Because they’ve seen it and they know what happens when you implement it. And they want nothing to do with it. So out of all the current countries from South America, currently flooding into the United States they are targeting Venezuelans to deport them back. That tells you all you need to know about why they are letting all these people come into the country right now. They want the votes. Those who are not gonna vote their way get shipped back.