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D.Minn.: Detention of truck driver for "Level III Inspection" for fatigue was without RS

By John Wesley Hall, Jr.

Continued detention of a tractor trailer driver for a “Level III Inspection” of his potential fatigue level violated the Fourth Amendment because there was no reasonable suspicion he was fatigued or impaired. Owner-Operator Indep. Driver Ass'n v. Dunaski, 2011 U.S. Dist. LEXIS 9289 (D. Minn. January 28, 2011): 1. Warrantless searches in a closely regulated industry are constitutional as long as (1) a substantial government interest is met; (2) the inspection is necessary to further the regulatory scheme; and (3) the regulatory program advises the owner of the commercial vehicle that the search is pursuant to law, defines the scope of the inspection, and adequately limits the inspecting officers' discretion. New York v. Burger, 482 U...continue to full post

Full post as published by Fourth Amendment on February 03, 2011 (boomark / email).