Ronald Calzone v. Eric T. Olson
Opinion
Ronald Calzone seeks a ruling that the Missouri State Highway Patrol is forbidden to stop and inspect his 54,000-pound dump truck, used in furtherance of his private commercial venture, without probable cause. The district court 2 denied his request for declaratory and injunctive relief. We likewise conclude that Calzone is a member of the closely regulated commercial trucking industry, and that the patrol's random stops and inspections of his truck *724 would comport with the Fourth and Fourteenth Amendments. We therefore affirm the judgment.
Calzone operates a dump truck in support of his horse and cattle ranch, Eagle Wings Ranch. He holds a Missouri-issued commercial driver's license, and his truck has Missouri-licensed plates marking it as a 54,000-pound vehicle for "local" commercial use. A "local commercial motor vehicle" includes "a commercial motor vehicle whose property-carrying operations are confined solely to the transportation of property owned by any person who is the owner or operator of such vehicle to or from a farm owned by such person ...; provided that any such property transported to any such farm is for use in the operation of such farm."
A Missouri state trooper stopped Calzone in June 2013 to inspect his dump truck under a Missouri statute that authorizes random roadside inspections of commercial motor vehicles.
See id
. § 304.230. Calzone objected to the stop and refused to allow the inspection. He later filed this action under
The Fourth and Fourteenth Amendments forbid the State to conduct unreasonable searches and seizures. The traditional standard of reasonableness in the context of a criminal investigation requires a warrant and probable cause to believe that a search will discover evidence of unlawful activity.
See
Vernonia Sch. Dist. 47J v. Acton
,
To invoke this authority based on a state scheme governing a closely regulated industry, the State must satisfy three criteria: (1) the regulatory scheme advances a substantial government interest; (2) warrantless inspections are necessary to further the regulatory scheme; and (3) the rules governing the inspections are a constitutionally adequate substitute for a warrant,
i.e.
, the rules must provide notice that the property may be searched for a specific purpose and must limit the discretion of the inspecting officers.
Calzone
,
*725 Missouri has a substantial interest in ensuring the safety of the motorists on its highways and in minimizing damage to the highways from overweight vehicles. Ruiz ,569 F.3d at 357 (citing cases); State v. Rodriguez ,877 S.W.2d 106 , 109 (Mo. 1994). Given the transitory nature of commercial trucks, United States v. Fort ,248 F.3d 475 , 481 (5th Cir. 2001), and the difficulty of detecting violations of the regulatory scheme by routine observation, effective enforcement would be nearly impossible without impromptu, warrantless searches. United States v. Maldonado ,356 F.3d 130 , 136 (1st Cir. 2004). The challenged subsections are also a permissible substitute for a warrant. They provide notice to commercial truck drivers of the possibility of roadside inspection by a designated law enforcement officer, and they limit the scope of the officer's inspections to an examination solely for regulatory compliance. See Ruiz ,569 F.3d at 357 .
Calzone
,
The Missouri regime regulates commercial motor vehicles operating on state highways. Any "motor vehicle designed or regularly used for carrying freight and merchandise" must be registered as a commercial motor vehicle, and the owner must pay an annual fee based on the vehicle's weight.
Calzone asserts that he is exempt from the lion's share of these regulations, so he is not part of the "closely regulated" industry, and the Missouri inspection scheme is therefore unconstitutional as applied to him. He contends that his truck is exempt from all of the federal regulations, because he operates his truck only within Missouri, while the federal definition of "commercial motor vehicle" is a vehicle over 10,000 pounds that is "used on a highway
in interstate commerce
."
Calzone also argues that he is exempt from complying with the federal regulations because he is not a "motor carrier"
*726
within the meaning of the regulations. Citing a definition from an inapplicable federal statute, he contends that the meaning of "motor carrier" is limited to persons who provide transportation for compensation,
see
It is true that Calzone is not subject to the
full
panoply of regulations that govern commercial motor vehicles in Missouri. Because Calzone normally uses his dump truck in association with his ranch and has license plates marked with a farm vehicle designation, he is exempt from some of the rules that apply to operators of other commercial motor vehicles. He is not required to acquire a commercial driver's license to operate his truck unless he uses it to transport hazardous materials.
See
But unlike the vehicles at issue in
United States v. Herrera
,
By choosing to operate a heavy truck in furtherance of a commercial venture, Calzone subjects himself to a pervasive regulatory scheme and has a reduced expectation of privacy. Missouri maintains a "substantial interest in ensuring the safety of the motorists on its highways and in minimizing damage to the highways from overweight vehicles,"
Calzone
,
Calzone argues that even if he is a member of the closely regulated commercial trucking industry, the statute authorizing
*727
random inspections is an impermissible substitute for a warrant. He complains that § 304.230 does not properly define the scope of the authorized searches, adequately notify citizens that they could be subject to warrantless stops, or appropriately limit the discretion of the investigating officer. But we rejected these same arguments in considering Calzone's facial challenge, and nothing about the nature of his as-applied challenge changes the answer. The disputed subsections of the Missouri statutes are a permissible substitute for a warrant, because "[t]hey provide notice to commercial truck drivers of the possibility of roadside inspection by a designated law enforcement officer, and they limit the scope of the officer's inspections to an examination solely for regulatory compliance."
The judgment of the district court is affirmed.
The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri.
Reference
- Full Case Name
- Ronald CALZONE, Plaintiff - Appellant, v. Eric T. OLSON, in His Official Capacity as Superintendent of the Missouri State Highway Patrol, Defendant - Appellee.
- Cited By
- 3 cases
- Status
- Published