Application of the Fourth Amendment to the Inspection of Commercial Motor Vehicles and Drivers

State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This report, prepared by Richard O. Jones, is a new paper, which continues the National Cooperative Highway Research Program's (NCHRP's) policy of keeping departments up-to-date on laws that will affect their operations. This paper will be incorporated in " Selected Studies in Highway Law" (SSHL), which is currently undergoing a major rewrite and update. This paper reviews court decisions, statutes, administrative regulations, and other authorities concerning commercial motor vehicle stops and inspections, and suggests guidelines to assist state law enforcement personnel in stopping and inspecting such vehicles without violating the U.S. Constitution's Fourth Amendment. The report should be useful to law enforcement personnel, training officials, attorneys, legislative personnel, and planning officials. The paper is organized as follows: (I) Introduction; (II) Warrant Requirement; (III) Exceptions to the Warrant Requirement; (IV) Searches of Homes or Dwellings; (V) The Motor Carrier Safety Assistance Program (MCSAP); and ( VI) Summary of Principles and Guidelines.