Can yall explain this one? A fellow driver pulled a dumb move today. He took a load to Brooklyn, and on his way back Tennessee DOT gave him an inspection. They found a concealed weapon ( handgun) and a substance thought to be marijuana.

He was issued two citations. One for a non permitted concealed weapon and possession of a substance thought to be marijuana.

They told him to unload his weapon and put it in the back. I see that, but how do you get a ticket for possession of a substance thought to be marijuana?

It either pot or it isn't. Right? If i get pulled over with a baggy of baking soda, can I be cited for possession of a substance thought to be cocaine?

Also, what about if he had been caught in NY with his concealed handgun?

I'll be the first. Something doesn't seem right here.

Does DOT normally do a search of a truck when they do a DOT inspection? Or just look at log books, and the vehicle itself?

The "thought to be part" of the marijuana charge seems fishy also. If I had a baggy of oregano, there is no way I would let myself be charged with a ticket for something "thought" to be something else. It either is or isn't. I guess if it was pot you would be happy to accept the thought to be charge.

And by the way, I am not a lawyer or LEO, but was recently promoted to ALDeer legal advise giver, when the ones who previously held the position resigned.

DOT can do whatever tickles their fancy. I've had them in the truck with me, under my seat, in my log book and bills, you name it. They can look at whatever they want, for whatever reason or no reason at all.

Troopers can't search your vehicle without probable cause or consent. Why would DOT be different? Is it a CDL thing?

That DOT sticker on your truck door. Same as a health inspector and a restaurant.

Didn't know that.

Simple solution: remove the sticker

I'm Fuzzy_Bunny's partner, if that driver had been caught in NYC with his handgun, he'd still be in jail this time next week. Just about the last place a feller would wanta get busted for carrying.

Haha. They got tickets for that too. You would be surprised for what all they can write a ticket for. If they WANT to write one, you're as good as got.

I dont know TN law but "a substance thought to be marijuana" is probably just legal speak for possession of marijuana.

The ticket is a non-custodial arrest.

If he had pot, that's about as stupid as it gets. He will get fired. If he pops hot on a random, he's fired. If he refused a random, he's fired.

Trucking companies can't afford to play with that junk. Everybody wants to sue a trucking company. They are easy prey to start with. Get in a fender bender and they take a drug test. If positive, instant law suite.

They will send it to a lab to see what it is. A citation is not a guilty plea, he can go to court over it, and if it's not pot the test will show it's not. No different from a speeding ticket, you can fight it and they have to prove you were speeding. Just the fact that you get a citation doesn't mean you are guilty. Gun would have been some serious trouble in NY city.

the right circumstances you can be charged. If you got in little dope baggies like its for sale they can charge you. Aint sure what the exact charge is though

He's not guilty yet. All marijuana seized has to be tested to make sure it is real. We have to do three test on ours. If they issued him a citation they were probably pretty sure it was marijuana. If it turns out not to be the citation will be dropped.

I know in GA MCCD has a whole lot more power than normal LEO. They can stop a truck any time and just go to inspecting where as we obviously have to have at least RAS to execute a traffic stop.

They don't have more power than normal LEO. Any LEO can do this if it is done as a routine part of their job and not done in a random manner, but your agency probably will be on your case because that is not your job assignment. It is the assignment of DOT Revenue Officers, however, so they stop and inspect trucks. No branch of LEOs have more powers than any other branches, just different duty assignments and authorities based on those assignments. The constitution is what limits powers of LEOs and it is the same for all.

Splitting hairs I know, but it is a pet peeve of mine to say one branch has more power than another. We are all governed, or limited as it may be, by the same rules.

On that subject, just for argument sake. Drew obviously knows the Game law, could he cite you for let's say...3 deer over the daily limit and it actually stick in court or would he be required to get a GW on site? We all know EVERY LEO is stretched thin anyway.

a GW is NOT needed to arrest someone for any game violation.....

Yes, any LEO with arrest powers can enforce game laws, but it is always best to let those that do it everyday and are intimately familiar with the laws and case law do it. By the same token GWs can write speeding tickets and DUIs, which I know our local one has before, because he felt like he was left no other option.

Citizens arrest, citizens arrest! Legal, but not advised unless you know what you are doing. The laws of False Imprisonment and/or Kidnapping are pretty specific and severe.