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Steed: Alabama statute not "clearly unconstitutional" for 4th Amend. purposes

By Tim Cone

In U.S. v. Steed, No. 08-10557 (Nov. 10, 2008), the Court affirmed a marihuana trafficking conviction.The Court rejected the argument that the marihuana seized from the tractor-trailer the defendant was driving should have been suppressed because the Alabama statute pursuant to which the police officer inspected the truck?s paperwork and equipment (and ultimately discovered marihuana) was clearly unconstitutional. Without reaching the question whether the Alabama statute was, in fact, unconstitutional, the Court held that it was not "clearly unconstitutional," and the police could therefore in good faith rely on it and conduct the inspection.The Alabama statute permitted police in effect to inspect trucks at any time, at any place, and for any reason...continue to full post

Full post as published by Defense Newsletter Blog on November 13, 2008 (boomark / email).