Pubdate: Sat, 01 Jan 2005
Source: Clarion-Ledger, The (MS)
Copyright: 2005 The Clarion-Ledger
Contact: http://www.clarionledger.com/about/letters.html
Website: http://www.clarionledger.com/
Details: http://www.mapinc.org/media/805

JUDGES RULE TRUCK SEARCH LEGAL

A federal appeals court has ruled legal the search of a truck during
which drugs were found by Mississippi Department of Transportation
inspectors.

The 5th U.S. Circuit Court of Appeals this week upheld a ruling by a
federal judge in Mississippi that MDOT officers had authority to
enforce transportation laws when they searched Arnulfo Hernandez
Cardenas' truck during a traffic stop in 2003. Cardenas and Luis Rene
Bustamante-Mares were arrested after cocaine was found in containers
in the truck.

Both were charged with conspiracy to possess a controlled substance.
Cardenas was sentenced in 2004 to 120 months in prison with five years
on supervised release, according to U.S. District Court records, while
Mares was sentenced to 32 months and five years supervised release.

According to the court record, the MDOT officers, after noticing that
Cardenas and his passenger appeared nervous, requested and received
permission from both men to search the truck.

The officers found containers, opened one, and discovered a substance
that tested positive for cocaine. On appeal, Cardenas argued the stop
was illegal and that his consent to the search was not free and voluntary.

The 5th Circuit said the stop was constitutional. The court said for
"closely regulated" businesses, such as the trucking industry, there
is an exception to a search warrant requirement.

"We are quite proud of our enforcement people, and this is a major
lick for the Supreme Court to uphold their efforts," said Central
District Transportation Commissioner Dick Hall. "They have some tough
work out there protecting our highways."

The U.S. Supreme Court ruled in 1987 in a New York case that
inspection can be carried out under a regulatory scheme to enforce
compliance with laws without a search warrant. In other words, states
have an interest in checking to see if a regulated business, in this
case trucking, is following laws that promote the safe operation of
commercial motor vehicles and ensure compliance with traffic laws and
with commercial motor vehicle safety standards.

Cardenas also complained that the search was conducted while he was
being illegally detained. The 5th Circuit said because the officers
detained Cardenas subsequent to the stop while they performed their
administrative check of the truck and because the request for consent
to search "did nothing to extend the duration of the initial, valid
seizure," it was constitutional.
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MAP posted-by: Larry Seguin