What do you think about the sleeper berth in a truck being private property when it comes to searches?

Question

Do you think since a driver lives in his/her sleeper berth while driving over the road that the sleeper becomes private property and should require a search warrant before an officer can enter?

Answer 1

Of course the sleeper berth is private property. The entire truck is private property, as are you and your belongings. The poster who claims that your truck or the sleeper berth is not your private property, and equated it to a "park bench" is extremely delusional. Furthermore, you will likely not find many teenie boppers on this site who know a thing about search and seizure laws, or the constitution, as they beleive the police have the right and authority to do whatever they please, which is interestingly a product of the government run camps (otherwise known as our public educuation system).

Back to your question: First, the police must have probable cause to stop you to begin with, and this includes even if your truck is already parked alongside of the road. Second, the police can look through windows and openings without a warrant (using a flashlight, or what have you) to see any visible contraband. If none is found, they cannot physically enter the vehicle or any part of it without obtaining a search warrant, which they are unlikely to obtain without evidence of wrongdoing. If, upon a visual inspection they find weapons, drugs, or other illegal materials, they have probable cause to search your vehicle and will obtain a warrant to turn it upside down.

Answer 2

No. You can sleep on a park bench. That doesn't make it your private property.

Answer 3

I agree with surfinthedesert .. You can even ask them what they are wanting to search for. and if they choose to tell you then if they find anything besides what they have told you they are searching for then they cannot use that or admiss it into court....