{"id":50222,"date":"2021-11-07T11:02:46","date_gmt":"2021-11-07T16:02:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50222"},"modified":"2021-11-07T11:02:46","modified_gmt":"2021-11-07T16:02:46","slug":"vi-a-commercial-vehicle-cant-be-stopped-and-searched-merely-because-of-its-status","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=50222","title":{"rendered":"VI: A commercial vehicle can&#8217;t be stopped and searched merely because of its status"},"content":{"rendered":"\n<p>Defendant\u2019s commercial truck was subjected to an inspection stop by a motor carrier officer and a police officer. The prosecution failed to prove that the administrative search of the truck was justified: \u201cThe established law does not support the People&#8217;s position which tend to suggest that the officers can arbitrarily stop and inspect commercial vehicles simply because they are commercial vehicles. Moreover, the People did not present any evidence of the rules of a regulatory scheme by which this Court could determine whether the stop of the truck was constitutionally permissible. The People did not meet their burden to establish that the stop of the truck was reasonable.\u201d Defendant\u2019s personal belongings were also searched. <a href=\"https:\/\/p1cdn4static.civiclive.com\/UserFiles\/Servers\/Server_12810747\/File\/Opinions\/2021\/Memorandum%20Opinion%20People%20ov%20the%20VI%20vs.%20Kareem%20B.%20Smith%20SX-2019-CR-69.pdf\">People v. Smith<\/a>, 2021 VI SUPER 105U (Oct. 26, 2021).<\/p>\n\n\n\n<p>Hearing police at the door yelling \u201csearch warrant\u201d and then obviously flushing baggies of drugs supported a tampering charge. They all didn\u2019t flush. <a href=\"https:\/\/www.tncourts.gov\/sites\/default\/files\/williamslouisbernardiiiopn.pdf\">State v. Williams<\/a>, 2021 Tenn. Crim. App. LEXIS 521 (Nov. 4, 2021).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s commercial truck was subjected to an inspection stop by a motor carrier officer and a police officer. The prosecution failed to prove that the administrative search of the truck was justified: \u201cThe established law does not support the People&#8217;s &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=50222\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,56],"tags":[],"class_list":["post-50222","post","type-post","status-publish","format-standard","hentry","category-administrative-search","category-knock-and-announce"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50222","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=50222"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50222\/revisions"}],"predecessor-version":[{"id":50223,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50222\/revisions\/50223"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50222"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50222"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50222"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}