Truck inspection led to observation of apparent false compartment which was probable cause

Tractor trailer at a weigh station was pulled aside for inspection, and the officer noticed that the trucking company was on a DEA watchlist and the defendant’s demeanor was sufficient to create reasonable cause. The smell of bondo was strong, and the officer located an apparent false compartment which was probable cause. United States v. Mercado-Nava, 486 F. Supp. 2d 1271 (D. Kan. 2007):

Even absent the regulatory justification for this search, Trooper Epperly had probable cause to believe that defendant was engaged in criminal activity, prior to the vehicle search. He knew defendant’s trucking company was on a DEA watchlist of companies having prior drug involvement, and that it had a relatively high DOT number. He noticed that defendant was overly friendly, very talkative, and sweating. He saw that defendant was from Phoenix and his truck was from California, which he considered to be drug source areas. He smelled a strong odor of putty and paint inside the truck, and viewed an alteration to the undercarriage of the truck, which led him to believe that the floor of the cab had been dropped for purposes of concealing a compartment to be used for illegal activity. These factors collectively formed probable cause that defendant was engaged in criminal activity, sufficient to justify the search of the hidden compartment in which drugs were found. See United States v. Orrego-Fernandez, 78 F.3d 1497, 1502 -1505 (10th Cir. 1996).