Issue link: https://read.dmtmag.com/i/671344
LEGAL LANE knows what you are doing. The concern that an officer will "grab" a cell phone in a hands-free dock or off the dash is a legitimate concern since a cell phone is not "contraband" under the law like drugs are. The officer should always ask for your logs and may ask for your cell phone. The driver can always give the officer "permission" to search his phone, but then the officer can look at everything on the phone, calls, texts, photos etc… The new cell phone regulation for the CDL is still untested in the courts as far as what the officer can seize and search on a phone. However, there are a lot of court cases that do define what an officer may seize and search, as all warrantless searches are governed by the Fourth Amendment. Trucking is what the Supreme Court calls a "heavily regulated industry" through the FMCSA and as such the normal Fourth Amendment rules are "relaxed" for the officers dealing with truck drivers on the road. bdj Jim C. Klepper is President of Interstate Trucker Ltd., a law firm entirely dedicated to legal defense of the nation's commercial drivers. Interstate Trucker represents truck drivers throughout the forty-eight (48) states on both moving and non- moving violations. Jim is also president of Drivers Legal Plan, which allows member drivers access to his firm's services at greatly discounted rates. Jim, a former prosecutor, is also a registered phar- macist, with considerable experience in alcohol and drug related cases. He is a lawyer that has focused on transportation law and the trucking in- dustry in particular. He works to answer your legal questions about trucking and life over-the-road and has his Commercial Drivers License. 800-333-DRIVE (3748) or www.interstatetruck- er.com and www.driverslegalplan.com 78 May 2016 BestDriverJOBS www.bestdriverjobs.com The FREE Truckers Tools smartphone app can help you locate truck stops, fi nd the best fuel prices, track your route, and a ton more to make life on the road just a little bit easier. BROUGHT TO YOU BY | OverdriveOnline.com | Facebook.com/OverdriveTrucking FOR ANDROID: FOR IPHONE: The FREE Truckers Tools smartphone app can help you locate truck stops, fi nd FOR ANDROID: Simplify your life on the road.