{"id":4764,"date":"2011-01-11T16:40:08","date_gmt":"2010-10-12T00:20:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-11T02:47:19","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4764","title":{"rendered":"MA: Trucking industry is heavily regulated under Burger<\/em> so defendant’s stop was valid"},"content":{"rendered":"

Defendant was driving a truck that the trucking officer estimated was over 10,000 lbs and thus subject to regulation. He pulled the truck over, and defendant had a suspended license. The stop was valid as an administrative stop because the commercial trucking industry is heavily regulated under Burger<\/a> for safety of trucks. Commonwealth v. Leboeuf<\/a>, 78 Mass. App. Ct. 45, 934 N.E.2d 1285 (2010).<\/p>\n

\u201cAccordingly, pursuant to the \u2018well-settled principle … that the scope of a warrant authorizing the search of a particularly described premises, includes automobiles owned or controlled by the owner thereof, which are found on the premises,\u2019 Commonwealth v. Signorine<\/a>, 404 Mass. 400, 403, 535 N.E.2d 601 (1989), the police were authorized to search the defendant’s Honda. The evidence that resulted was properly admitted.\u201d Commonwealth v. Fernandez<\/a>, 458 Mass. 137, 934 N.E.2d 810 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4764","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4764","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4764"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4764\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4764"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4764"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4764"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}