Arkansas News Bureau

LITTLE ROCK — A federal appeals panel Thursday rejected a man’s argument that his drug conviction in Arkansas should be thrown out because a police officer searched his tractor-trailer rig without a warrant.

A three-judge panel of the 8th U.S. Circuit Court of Appeals in St. Louis upheld Bernardo Ruiz’s conviction and the five-year prison sentence he received after pleading guilty to possession of marijuana with intent to distribute.

Ruiz pleaded guilty on the condition he could withdraw the plea if his appeal was successful.

Ruiz had pulled his rig into a weigh station on I-30 in Hempstead County on June 7, 2007, when Arkansas Highway Patrol Cpl. Tim Choate noticed the truck did not have a required U.S. Department of Transportation registration number.

After looking at Ruiz’s logbook and shipping papers, Choate opened the back of the truck to inspect the cargo and smelled a strong odor of marijuana. He then opened one of the pallets of collapsible plastic trays in the cargo area and found marijuana.

In court, Ruiz asked that the marijuana seized from his truck not be allowed into evidence, arguing the search was unconstitutional.

After his request was denied, he entered a conditional guilty plea to possession of a controlled substance with intent to deliver.

In Thursday’s unanimous ruling, the appeals panel said that the Arkansas Motor Carrier Act allows authorities to inspect certain commercial vehicles without a warrant if the action advances a substantial government interest, is necessary further regulations and limited as to time, place and scope of the search.

The appeals court also rejected Ruiz’s argument that any statements or consent he gave to search was search were involuntary.