{"id":1846,"date":"2008-04-18T08:28:20","date_gmt":"2008-03-04T05:45:58","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-03-04T05:45:58","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1846","title":{"rendered":"NM commerical truck inspection is constitutionally valid"},"content":{"rendered":"

Administrative search exception for commercial trucks permits opening the back of a tractor trailer to inspect load or to ascertain there is no load, as the driver represents. Otherwise, merely representing there is no load would defeat an entry. This truck was stopped near a point of entry and marijuana was found. United States v. Mitchell<\/a>, 518 F.3d 740 (10th Cir. 2008):<\/p>\n

Mitchell acknowledges this court has previously considered the constitutionality of the New Mexico regulatory scheme governing commercial carriers and held the statute was constitutional. Vasquez-Castillo<\/em>, 258 F.3d at 1211-12; see also United States v. Gwathney<\/em>, 465 F.3d 1133, 1139-40 (10th Cir. 2006). <\/p>\n

. . .<\/p>\n

Mitchell also argues the officer’s order to unlock the trailer exceeded the scope of the permissible \u00a7 65-5-1 inspections because Mitchell told the officer there was no cargo in the trailer and there was therefore no justification for inspecting the inside of the trailer. The New Mexico statute authorizes inspectors to “inspect the vehicle and its contents to determine whether all laws and all rules and regulations of the departments of this state with respect to public safety, health, welfare and comfort have been fully complied with.” N.M. Stat. Ann. \u00a7 65-5-1(F). In addition, the statute provides “[t]he person in charge of the port of entry may satisfy himself as to the contents of the cargo.” Id<\/em>. \u00a7 65-5-1(D). An inspector may also inspect the vehicle’s contents to ensure all excise taxes on fuel, alcohol, or other property have been paid. Id. \u00a7 65-5-1(E). This court has held “New Mexico’s regulatory scheme clearly contemplates entrance into the trailer to inspect blocking and bracing, and also allows inspection of the contents of the vehicle.” Gwathney<\/em>, 465 F.3d at 1139.<\/p>\n

There is no meaningful distinction under this statutory scheme between inspection of the contents of a vehicle and inspection of a vehicle to confirm there are no contents. If an operator could escape inspection by giving a verbal statement that the trailer was empty, New Mexico’s ability to conduct meaningful inspections would be seriously compromised. This is particularly true where, as here, the officer has reason to believe the operator has not provided accurate information. New Mexico’s statutory scheme contemplates the inspection of trailers to confirm compliance with New Mexico’s laws and this authorization extends to inspections to confirm an operator’s assertion that he or she carries no cargo. N.M. Stat. Ann. \u00a7 65-5-1(F); Gwathney<\/em>, 465 F.3d at 1140.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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