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W.D.Ky.: Cutting lock off trailer was reasonable as "cargo securement inspection"

By John Wesley Hall, Jr.

Cutting the lock off a tractor trailer at a weigh station was a reasonable part of a cargo securement inspection under Kentucky law. United States v. Allen, 2011 U.S. Dist. LEXIS 14004 (W.D. Ky. February 10, 2011): Random safety and cargo securement inspections conducted at a weigh station also set forth a very clear scope of inspection. First, “[t]he inspections can be made only of [commercial trucking vehicles.]” Burger, 482 U.S. 711. Second, “the permissible scope of these searches is narrowly defined:” the inspector may only enter into a vehicle to ensure compliance with Kentucky commercial trucking regulations. Id. Limiting the type of vehicle that can be inspected and the scope of the inspection narrowly defines the permissible scope of the inspections...continue to full post

Full post as published by Fourth Amendment on February 16, 2011 (boomark / email).