Jacksonville, FL asked in Constitutional Law for Florida

Q: Why bill of rights does not protect truckers who are unreasonable stopped and searched any time,any where by police?

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: It does protect them, and police CANNOT lawfully stop and search trucks any time, any place, for no reason whatsoever. There are certain locations, such as ports and border crossings, where you are warned that by entering, you consent to a search. At such locations, laws/regulations apply to protect the public from terrorism, human trafficking, drug smuggling, etc., with specific reasons supporting the laws/regulations that, if challenged in court, would most likely be deemed constitutional (not violating the Bill of Rights). If a truck is stopped at some place OTHER than those types of locations, the police would need either a search warrant or certain articulable reasons under the law, such as a search triggered by an arrest or an emergency situation.

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