Once the officer was able to have a little more free time, he went into more detail.
Q: If the 4th Amendment protects us from illegal search and seizure, then how to they justify random DOT inspections?
A: This question is and has been an unfortunate misunderstanding of the interpretation of the Fourth Amendment in relationship to commercial vehicle inspections. I don’t have enough time to address all the constitutional specifics but let me provide the specific federal regulation from which anyone can review the entire code section. Also, I suggest review of the exceptions of the search warrant requirements and other special circumstances covered in the following case decisions: · Carroll v. United States, 1925
· United States v. Ross, 1982
· New York v. Class, 1986
· United States v. Villamonte-Marquez, 1983
The authority to conduct the commercial vehicle inspections is contained in the Code of Federal Regulations 49 CFR Parts 396. I have provided an excerpt below of the regulatory authority statement.
49 CFR Part 396.9
Inspection of motor vehicles and intermodal equipment in operation.(a) Personnel authorized to perform inspections—Every special agent of the FMCSA (as defined in appendix B to this subchapter) is authorized to enter upon and perform inspections of a motor carrier's vehicles in operation and intermodal equipment in operation.(b) Prescribed inspection report—The Driver Vehicle Examination Report shall be used to record results of motor vehicle inspections and results of intermodal equipment inspections conducted by authorized FMCSA personnel.
Q: If the 4th Amendment protects us from illegal search and seizure, then how to they justify random DOT inspections?
A: This question is and has been an unfortunate misunderstanding of the interpretation of the Fourth Amendment in relationship to commercial vehicle inspections. I don’t have enough time to address all the constitutional specifics but let me provide the specific federal regulation from which anyone can review the entire code section. Also, I suggest review of the exceptions of the search warrant requirements and other special circumstances covered in the following case decisions: · Carroll v. United States, 1925
· United States v. Ross, 1982
· New York v. Class, 1986
· United States v. Villamonte-Marquez, 1983
The authority to conduct the commercial vehicle inspections is contained in the Code of Federal Regulations 49 CFR Parts 396. I have provided an excerpt below of the regulatory authority statement.
49 CFR Part 396.9
Inspection of motor vehicles and intermodal equipment in operation.(a) Personnel authorized to perform inspections—Every special agent of the FMCSA (as defined in appendix B to this subchapter) is authorized to enter upon and perform inspections of a motor carrier's vehicles in operation and intermodal equipment in operation.(b) Prescribed inspection report—The Driver Vehicle Examination Report shall be used to record results of motor vehicle inspections and results of intermodal equipment inspections conducted by authorized FMCSA personnel.
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