In one recent incident, a Utah Highway Patrol trooper stopped two California men who had abruptly swerved in front of him along I-80 on the outskirts of Salt Lake City.
After questioning them, the trooper called for assistance and found eight duffel bags of marijuana in the van. Consequently, the misdemeanor traffic violation turned into a full-blown, felony drug-trafficking case.But not for long. As in a series of similar cases, the Utah Court of Appeals reversed the Californians' drug conviction, arguing that evidence, such as drugs, cash or weapons, can't be used in court if the search violated the Fourth Amendment of the U.S. Constitution.
Eventually, law officials got the message from the appellate court: Troopers who stop motorists on a hunch, use roadblocks or single out specific vehicles for inspection may not be able to use seized evidence to convict motorists - no matter if it's an ounce of marijuana or several kilos of cocaine.
Now, the Utah Highway Patrol wants to know if it's still legal to stop commercial vehicles to check their safety and to look for illegalities. Officials have asked the Utah attorney general for an opinion. Meantime, UHP plans to continue stopping commercial vehicles weighing more than 10,000 pounds and being used in interstate commerce.
"They did not even address the issue of commercial vehicles," said J. Francis Valerga, special counsel for the Department of Public Safety, commenting on the court decisions.
He did note, however, that the request for a legal opinion was triggered by two court cases that limited the use of roadblocks in Utah in general.
Those affected by the legal welter, truck drivers and their representatives, say they support measures leading to safer conditions on highways and view UHP's stopping methods as part of their everyday experience.
"We expect that," said Reed Reeve, executive director Utah Motor Transportation Association. "We are fully supportive of anything that enhances (highway) safety," he added.
One of the department's pressing questions is whether contraband (drugs, weapons, cash) may be used as evidence in court if it is discovered pursuant to any of these stops.
Moreover, the department also wants to know whether citations for size, weight and safety violations are valid if they are issued pursuant to any of these stops.
Until the attorney general's opinion is handed down, UHP will continue stopping commercial vehicles as it has done in the past. The opinion is expected to be completed by Oct. 21.
"We will be operating the same as we always have," said Lt. Don Darlington, UHP Commercial Vehicle Section commander. Law mandates that Darlington's section stop and inspect commercial vehicles that might be violating specifications and regulations.
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(Additional information)
Commercial inspections
The Department of Public Safety wants to know whether the Highway Patrol can continue to stop commercial vehicles by:
- A general roadblock stopping all traffic without reasonable suspicion of wrongdoing.
- Reasonable suspicion. May consist of such things as squatty tires and loud engine noise indicating possible weight violations, high or wide load indicating possible size violations, loose tie downs, or bouncy trailer indicating possible safety violations.
- Stopping a specific commercial vehicle without a reasonable suspicion.