Trucker uses leathel force
- Thread starter pluspea
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norad45
Member
Wrong. The guy was forcibly breaking into an occupied vehicle armed with a rock. That would be a good shoot here in Utah. It wouldn't even make it to a grand jury.
If local officials do charge the driver, I hope that the governor of his home state denies extradition. While it would be unfortunate if he loses his livelyhood over wasting this worthless piece of crap, at least he is alive to find a new line of work. And at 68, maybe he was close to retirement anyway.
truckemup97
Member
CelticSire is correct here, but I think ParadiseRoad's not too far off. He just misunderstands the problem. The problem is that most of the large trucking companies will allow a search of their trucks. All the officer has to do is call the safety officer at the company to get permission. The driver, in most cases, does not own the truck, and unfortunately has no say in whether or not the truck can be searched.
ParadiseRoad
Member
...I've been driving my own truck since 1983, so I was going by personal experience and observation...thanks for straightening me out guys...I'm glad to hear the authorities actually have less power than I thought...that's always a good thing...
.
The Highlander
Member
Tennessee is a gun-friendly state, and although Knoxville is a fairly large city with a proportionate number of sheeple, they and the local law enforcement have a pretty good reputation for common sense. While I bet there will be an investigation, I doubt any charges will be brought against the driver. Knoxville is my favorite "large" city, although there are certain areas it is better not to be unless you are in law enforcement, just like any other city. I believe the driver was probably on private property at the time, so if anything, he might be in a little "company" trouble for carrying there.
So I can search a rental car for drugs without probable cause? This opens up a whole new world for me!!! Probably unemployment too.....
Can anyone post any caselaw that says a truck driver doesn't have a reasonable expectation of privacy in the cab of his truck on a traffic stop based on who owns the truck he's driving? If anything, the truck may be subject to search/inspection based on the administrative search exception to the search warrant rule since trucking is a pervasively-regulated business, but I'm still not convinced that the cab is subject to search at the side of the road based on a "whim".
You may also search based on consent of someone who has apparant authority to grant consent. I'd like to see some case law that says the company safety officer has the authority to grant consent over the phone if the driver at the side of the road does not grant consent. It sounds reasonable....but why wouldn't that translate to me calling up AVIS and saying "I have a couple 15 year-old suspected drug dealers in one of your cars. Can I search it?" I don't think that type of consent would fly. So I'm guessing the truck search would have to rely on the "administrative search" exception, and may not fly if it was just a regular road cop on a stop for speeding vs. a motor carrier-trained officer doing an inspection.
lugnut3537
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I just did some searching and it seems that there is no federal law against it. But there is the state,county or city laws that are different everywhere. When I drove gasoline tanker we were prohibited from taking firearms to any of the terminals, but that was their policy. When I drove over the road, my company told us firearms were illegal in the truck. I never questioned it.
If any one should be allowed to carry it should be the truckers. That cab and sleeper is there home. And they get sent to some pretty dangerous areas with their loads.
If any one should be allowed to carry it should be the truckers. That cab and sleeper is there home. And they get sent to some pretty dangerous areas with their loads.
+1 That takes us to the federal CCW issue...
yashua-p
Member
Sorry, I havn't driven OTR in eleven years and things do change, I would have known, however, If it were OK to carry inside a commercial vehicle. Untill September, I could have given you the statuts but after retirement, things things. Even a tire thumper that lookslike a bat or club, may be considered illegal. No documents, just reasonable thoughts.
yashua
yashua
truckemup97
Member
In certain cases that's true. When they sell them in the truck stop, they include a nice little leather thong, perfect for putting around your wrist when you're thumping your tires. As I understand it, that thong is what makes it a "weapon" as opposed to a "tool". When I bought a new hickory tire knocker, I took the thong off it before I even got out of the store.
tom turner
US Veteran
In any event, my prayers go out to the poor trucker who was forced to kill that piece of schidt in front of a "female family member."
Killing another human being is a terrible experience and it looks like he may have been hospitalized with chest pains or worse.
So many folks are retired by 68, so he may have still been driving because of finances . . . and he surely would have saved a bunch just for walking away and letting that piece of schidt pillage his truck cab.
They guy should get a medal and have the state reinburse his medical bills for saving them so much money incarcerating that bum in future years. Instead, his world is closing in on him and his total results of the toils of a lifetime may be taken from him by the courts before its all over.
That part sucks!
There's no such thing as a "good" shooting.
T.
Killing another human being is a terrible experience and it looks like he may have been hospitalized with chest pains or worse.
So many folks are retired by 68, so he may have still been driving because of finances . . . and he surely would have saved a bunch just for walking away and letting that piece of schidt pillage his truck cab.
They guy should get a medal and have the state reinburse his medical bills for saving them so much money incarcerating that bum in future years. Instead, his world is closing in on him and his total results of the toils of a lifetime may be taken from him by the courts before its all over.
That part sucks!
There's no such thing as a "good" shooting.
T.
Doug M.
Member
*
It is a myth with no basis in fact. Period. Pure unadulterated manure. Companies can prohibit it, just as they can prohibit taking a pet (taking a passenger is in fact regulated under the FMCRs), but there is NO federal law. There may be states in which it is prohibited, but I am not aware of any.
As for the shooting, I have no problem with it. Up until the action attempt to enter, all that had happened was a property crime. I admit I would have called 911 ASAP after the first incident, but the driver may not have even been awakened by it. If I had to go back on the road, I would have a dog with me - a rott, or one of the Mastiff breeds.
Search: I know of no company that would be dumb enough to consent to a search. Among other problems, it wastes time, which has to be logged as on-duty, not driving. If I were giving legal advice to a trucking company, I would tell them to NEVER EVER consent, and to FIRE any driver or other employee who did. I would also fire any driver who had a door unlocked except to go though it - I never even opened trailer doors to back in without locking the driver door after I got out. I also would be amazed if a cop had time to waste on a cab search with a really good reason.
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