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NJ: Trucks are "closely regulated" but this search went too far

By John Wesley Hall, Jr.

“[T]he closely regulated business exception permitted a warrantless administrative inspection of certain areas of the tractor trailer, but the search turned unlawful when it progressed into unregulated areas without the exigent circumstances required by State v. Pena-Flores, 198 N.J. 6, 28, 965 A.2d 114 (2009). We reverse the order denying the suppression of evidence ....” State v. Pompa, 2010 N.J. Super. LEXIS 114 (July 2, 2010) For decades, tractor trailers have been subject to extensive federal regulation. See 49 C.F.R. §§ 300-399; see also N.J.S.A. 39:5B-32; N.J.A.C. 13:60-2.1. These regulations govern a vast array of topics, including, among other things: hours of service, 49 C.F.R. § 395; necessary parts and accessories, 49 C...continue to full post

Full post as published by Fourth Amendment on July 08, 2010 (boomark / email).