Expert: Eric Potts - 4/28/2009

Question
I am to assume that a commercial vehicle (semi truck) would have different privacy laws than a regular passenger vehicle, especially concerning the "expectation of privacy" law, since it would not only serve as transportation, but also as the driver's place of business and residence...when being pulled over for a routine traffic stop, does the officer have the right to stand on the top step leaning into the truck to conduct a "visual" without permission and while the driver is gathering the information requested, so that when the driver goes to return to his seat, he has trouble doing so because the officer is RIGHT THERE? Does the officer have permission to be on this person's truck at any time without permission? His "visual" search led to findings that later got the driver arrested, which was thrown out because the officer made mistakes with paperwork. But i STRONGLY believe that rights were violated here. Were there?

Answer
You assume incorrectly, the same rules apply to the truck as any vehicle, the officer has a right to stand on the side board to observe the interior of the vehicle.This is a matter of safety far and above anything else. Anything in plain sight is fair game. The officer can not enter the truck without probable cause, however in the situation you describe above it is my opinion the Officer acted correctly and it is certainly a shame that the case was lost because of poor paperwork skills.