Police powers of patrol members; enforcement of laws relating to motor carriers; authority to inspect

74-2108. Police powers of patrol members; enforcement of laws relating to motor carriers; authority to inspect. (a) The superintendent and members of the Kansas highway patrol are hereby vested with the power and authority of peace, police and law enforcement officers anywhere within this state irrespective of county lines. (b) In addition to the general power and authority prescribed by subsection (a), the superintendent and members of the Kansas highway patrol are hereby authorized and directed to execute and enforce the laws of this state relating to public and private motor carriers of passengers or property, including any rules and regulations relating to such laws, and shall have the power and authority to require the driver of any motor vehicle owned or operated by any such carrier to stop and submit such vehicle to an inspection to determine compliance with such laws and rules and regulations. History: L. 1972, ch. 291, § 3; L. 1974, ch. 328, § 1; L. 1988, ch. 266, § 16; July 1. Attorney General's Opinions: Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39. CASE ANNOTATIONS 1. A warrantless search for the purpose of inspecting any records or documents required to be maintained and kept in a truck cab, and to check required safety equipment, is not unreasonable. State v. Williams, 8 Kan. App. 2d 14, 20, 22, 648 P.2d 1156 (1982). 2. Discussed in holding spot check weight inspections (K.S.A. 8-1910) constitutionally permissible. State v. Moore, 237 Kan. 523, 528, 701 P.2d 684 (1985). 3. Whether stop and search of trailer was valid regulatory search under closely regulated industry case law examined. U.S. v. Seslar, 996 F.2d 1058, 1062 (1993). 4. Whether rental truck used to move personal belongings is a "motor carrier" examined; "motor carrier" defined. State v. Campbell, 19 Kan. App. 2d 778, 781, 875 P.2d 1010 (1994). 5. Section does not limit highway patrol's authority to perform spot inspections of commercial vehicles. U.S. v. Burch, 906 F. Supp. 592, 598 (1995). 6. Highway patrol trooper authorized to stop and inspect motor carriers to insure compliance with law; subsequent search of driver and truck authorized as reasonably relating to circumstances authorizing stop of vehicle. State v. Bone, 27 Kan. App. 2d 582, 6 P.3d 914 (2000). 7. No violation of law by state trooper making a warrantless inspection of motor vehicle authorized to transport property for hire. State v. Crum, 270 Kan. 870, 19 P.3d 172 (2001). 8. Warrantless random stop of truck based on mistaken belief was commercial vehicle subject at random inspection violated fourth amendment rights. U.S. v. Herrera, 444 F.3d 1238, 1246 (2006). 9. Cited; traffic stop upheld to conduct a commercial vehicle safety inspection. U.S. v. Triska, 574 F. Supp.2d 1208, 1213, 1215 (2008). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026