My question involves search and seizure law in the State of: Minnesota
I was pulled over my MN State Patrol Lieutenant while driving a flatbed truck with GRVW over 14,001 lbs hauling some old junk cars to the dump. I borrowed the truck from a former roommate who owns a small car dealership. I am a self employed computer nerd and just wanted to clean out my yard. Plus scrap metal is high. He said he pulled me over for "Name and USDOT not displayed" 49 CFR 390.21
§ 390.21 Marking of CMVs.
(a) General. Every self-propelled
CMV, as defined in § 390.5, subject to
subchapter B of this chapter must be
marked as specified in paragraphs (b),
(c), and (d) of this section.
But the "CMV, as defined in §390.5" state a CMV is a vehicle involved in interstate (across a state line) commerce.
And whether it is "subject to subchapter B of this chapter"(i.e. §350-399 see 62 FR 16405 Question 19)
49 CFR 390.3 General applicability.
(a) The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce
49 CFR 390.5 Definitions
Unless specifically defined elsewhere, in this subchapter:
Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR,
I was transporting intrastate, he assumed I was involved in interstate commerce and pulled me over in violation of a Subchapter B regulation. MN state law { MN Statute 168.185(b) }even states explicitly that you do not need to display the USDOT number for intrastate transport. Did he have Reasonable and Articulable Suspicion? Of course that is the reason he have me. I filed a demand for disclosure today with the county attorney to get officers notes and anything else. I plan to file a MOTION TO SUPPRESS FOR LACK OF REASONABLE AND ARTICULABLE SUSPICION TO DETAIN as soon as I get through discovery.
Question: do I state a time for the motion hearing or just set it for the trial date July 18th?
Do I file the motion with the Court Administrator and give a copy to prosecutor?
Should I file motion to supress or dismiss?;
he went on to cite me for
391.41(a) No Health Card and
393.51 "Defective Brake Warning" (The dash light didn't come on when I pressed the emergency brake)
Incidentally check out 49 CFR 390.3 (f)(3) for trial