United States v. Herrera

EBEL, Circuit Judge.

A Kansas state trooper pulled over Defendant-Appellant Robert J. Herrera to inspect Herrera’s pickup truck pursuant to a Kansas regulatory scheme that permits random inspections of certain commercial vehicles. Herrera’s truck, however, was not a commercial vehicle subject to such inspections. Although the Fourth Amendment allows warrantless administrative inspections of pervasively regulated businesses in some instances, the validity of such an inspection is premised on the regulatory scheme giving notice to the members of the class of affected individuals that they are…