{"id":4407,"date":"2010-12-29T08:46:02","date_gmt":"2010-07-08T07:32:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-08T07:32:21","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4407","title":{"rendered":"NJ: Trucks are “closely regulated” but this search for drugs in the sleeper went too far"},"content":{"rendered":"

\u201c[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<\/a>, 198 N.J. 6, 28, 965 A.2d 114 (2009). We reverse the order denying the suppression of evidence ….\u201d State v. Pompa<\/a>, 414 N.J. Super. 219, 997 A.2d 1107 (2010):<\/p>\n

For decades, tractor trailers have been subject to extensive federal regulation. See 49 C.F.R. \u00a7\u00a7 300-399<\/a>; 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. \u00a7 395; necessary parts and accessories, 49 C.F.R. \u00a7 393; driver qualifications, 49 C.F.R. \u00a7 391; record retention, 49 C.F.R. \u00a7 379; and licensing, 49 C.F.R. \u00a7 383. The regulations also purport to authorize warrantless roadside inspections of commercial vehicles to ensure compliance with safety standards. 49 C.F.R. \u00a7 396.9<\/a>.<\/p>\n

These regulations contain specifications for sleeper cabins. For example, the regulations contain length, width, and shape requirements for the sleeper cabin and demand that the cabin have at least two access points so that emergency exits are not unduly hindered. 49 C.F.R. \u00a7 393.76<\/a>. The regulations impose bedding requirements and provide that all sleeper cabins not contained within the driver compartment must contain communication devices between the sleeper cabin and the cockpit. Ibid. Thus, truckers may reasonably anticipate administrative inspections for the purpose of ensuring compliance.<\/p>\n

. . .<\/p>\n

The circumstances presented here differ because the Trooper’s search was not concerned with the trailer portion of the vehicle, but focused instead on the sleeper cabin and, even more specifically, a closet within the sleeper cabin and closed containers within that closet. These areas were certainly more private than a cargo hold or, as in Hewitt, a secret compartment attached to a cargo hold. Accord United States v. Knight<\/a>, 306 F.3d 534, 535 (8th Cir. 2002) (concluding that the closely regulated business exception does not permit the opening of a truck driver’s briefcase without a warrant during an administrative inspection).<\/p><\/blockquote>\n

See Law.com: More Than a Whiff of Weed Needed for Warrantless Truck Search, N.J. Court Rules<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

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