Delgado

I. BACKGROUND

Delgado was charged in a two-count indictment with con- spiracy to distribute cocaine, and possession of cocaine with the intent to distribute.

Delgado filed a motion in limine to suppress the evidence found in his truck premised on Fourth Amendment violations. During the suppression hearing, Officer Jerrold Brooks, “a commercial vehicle officer for the Missouri State Highway Patrol,” testified that he was responsible for enforcing Mis- souri’s commercial vehicle regulations. Officer Brooks observed that he had “limited police powers. The Missouri state troopers have full police powers and they enforce all the regulations.” Officer Brooks could not make custodial arrests. Instead, it was his responsibility “[t]o make sure the drivers 14216 UNITED STATES v. DELGADO are qualified to drive the trucks, have the right credentials, driver’s license, logs, hours of service, equipment . . . [and to] make sure that all their equipment is up to safety standards.” According to Officer Brooks, he has the authority pursuant to Missouri’s Code to stop vehicles “without observing any traf- fic violations.”

While “parked on the side of I-44,” Officer Brooks saw a…