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MA: Trucking industry is heavily regulated under Burger so defendant's stop was valid

By John Wesley Hall, Jr.

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 for safety of trucks. Commonwealth v. Leboeuf, 2010 Mass. App. LEXIS 1301 (October 8, 2010). “Accordingly, pursuant to the ‘well-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,’ Commonwealth v. Signorine, 404 Mass. 400, 403, 535 N.E.2d 601 (1989), the police were authorized to search the defendant's Honda...continue to full post

Full post as published by Fourth Amendment on October 12, 2010 (boomark / email).