Opinion No.

The Honorable Gilbert Baker State Senator #17 Cooper Lane Conway, AR 72032

Dear Senator Baker:

I am writing in response to your request for my opinion on a question I will paraphrase as follows:

Under A.C.A. § 26-56-228, an officer of this State, under the direction of the Director of the Department of Finance and Administration, is authorized to stop and search a motor vehicle to take fuel samples without a search warrant. Is such a procedure constitutionally permissible when weighed against the prohibition against unreasonable searches and seizures under Ark. Const. art. 2, §§ 15 and 29?

RESPONS…