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Truck safety inspection that leads to discovery of a hidden compartment for drugs may continue without a warrant even though search is now for a criminal investigative purpose

By John Wesley Hall, Jr.

"The issue presented by this appeal is whether a police officer who makes observations during a routine safety inspection of a commercial truck that reasonably lead him to believe it contains a hidden compartment containing contraband must obtain a search warrant before undertaking to confirm the existence of the hidden compartment and determine its contents. We conclude that a search of an area of a commercial truck that is within the scope of a proper safety inspection may be conducted without a warrant even though this area is concealed within a hidden compartment and the officer's purpose in continuing the search is to obtain evidence of a crime rather than to complete the safety inspection." State v. Hewitt, 2008 N.J. Super. LEXIS 109 (May 19, 2008)...continue to full post

Full post as published by Fourth Amendment on May 20, 2008 (boomark / email).