For most semi-truck drivers, their cab is their home away from home. But given the mobility of the truck, determining when law enforcement have probable cause to search the cab may be complex.
The Nebraska Legislature has chosen to incorporate federal regulations into Nebraska laws regarding searches or inspections of 18-wheelers. Neb. Rev. Stat. § 75-363 states that the Legislature adopts certain parts of the Title 49 of the Code of Federal Regulations. These statutes give Nebraska law enforcement power to inspect the accounts, records, and equipment of any motor carrier in order to enforce the federal motor carrier safety regulations, and power to adopt their own regulations in order to enforce these statutes.
These regulations state a truck operator may be pulled over without probable cause to perform a reasonable inspection in order to uphold the regulations of the industry.
Most law enforcement inspections of motor carriers are done on the basis of the North American Standard Inspection Program. The program consists of seven different inspections, with the most typical inspections being Levels I through III.
- Level I: The most invasive but typical inspection done on the road, consisting of a thorough inspection of the vehicle, both interior and exterior, around and under the vehicle. Will include a detailed look at the driver’s paperwork.
- Level II: A less thorough inspection. Will include same inspection process except for the under-vehicle inspection and only a quick look at the driver’s paperwork.
- Level III: A paperwork-only inspection. The least invasive inspection.
The administrative inspection exception does not provide unlimited discretion to the inspecting officer to search the driver’s property without probable cause. That is, when an inspection is being conducted pursuant merely to a regulatory statute and probable cause for further searching does not exist, the inspection must be limited to ensuring compliance with the administrative regulations. In other words, the inspecting officer is not given unlimited reign on what may be searched, as courts have held that personal containers are not subject to a regulatory administrative search in the absence of a probable cause.
If you or someone you know has been pulled over on the Interstate, contact the relentless criminal defense attorneys at Berry Law.
