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Administrative: Truck Inspections-Private Commercial Venture-Lack of Probable Cause
Staff Report//August 5, 2019//
Plaintiff appealed from the district court’s denial of his request for declaratory and injunctive relief, seeking to prevent the Missouri State Highway Patrol from conducting, without probable cause, random stops and inspections of his dump truck used in furtherance of his private business.
Where plaintiff’s operation of a heavy truck in furtherance of a commercial venture subjected him to the heavy regulation of the trucking industry, the accordingly reduced expectation of privacy from heavy regulation meant that highway patrol could conduct warrantless random inspections to enforce the regulatory scheme.
Judgment is affirmed.
Calzone v. Olson (MLW No. 73648/Case No. 18-1674 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Eastern District of Missouri, Limbaugh, J. (David Edward Roland, of Mexico for appellant) (Peter T. Reed, AAG, of Saint Louis for appellee; Deborah Bell Yates, AAG, of Saint Louis on brief)
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