GA 40-16-5 - GA 40-16-5

JUDICIAL DECISIONS Rules and regulations permitting search of commercial vehicle valid. - Because Georgia's commercial vehicle scheme under O.C.G.A. § 40-16-2(b)(3) and its regulations provided ample notice that such vehicles could be stopped and inspected, and the inspections were limited as to who could perform the inspections and the cargo and documents to be inspected, denying the defendant's motion to suppress the drugs found in the defendant's commercial vehicle was proper under the Fourth Amendment; O.C.G.A. § 40-16-5(c) expressly exempted any requirement that the rules and regulations be promulgated pursuant to the Georgia Administrative Procedure Act O.C.G.A. Ch. 13, T. 50, and the rules and regulations were effective. United States v. Ponce-Aldona, 579 F.3d 1218 (11th Cir. 2009),...