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Old 06-04-2011, 01:39 AM   #43
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Thank you Dashdriver for a great explanation of a complex (and emotional) topic.

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Old 06-04-2011, 07:36 AM   #44
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Wait for it;----- wait for it

The rebuttle will come.
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Old 06-04-2011, 08:02 AM   #45
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Good information well presented. Thanks
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Old 01-20-2012, 10:52 PM   #46
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I dont know about the "slim chance", but our Motorhome just got searched today. Thats after being tailed yesterday for 10 minutes, and we also got searched last year in a 5th wheel.
Last year, in our 2010 Dodge Ram and 2010 Heartland 5th Wheel, a cop in Minnesotta pulled us over and said we were swerving (of course we were not!!) and also he said we're from a high drug area so his dog was going to sniff around our rig. We had California plates, so I presume thats what he thought a high drug area was. Anyway, his dog sniffed around outside and found nothing, but he asked permission to enter since we declared we had a firearm inside. He went in by himself and stepped all over my carpet with muddy boots. He then looked under our bed for the gun, inspected it, then came out and said we're good to go. That was about 30 minutes total.

We upgraded to a motorhome late last year. We constantly drive at 55mph because of the diesel cost so we definitely dont speed.

Yesterday, driving through Iowa (went to HWH in Moscow, IA to get slides fixed!), a K9 unit cop tailed us for 10 minutes. we noticed this so we exited for gas, and the cop tailed us to the gas station and parked near our pump. He never flagged us down though, maybe he was just running our plates. we took our time filling up and 5 minutes later he was gone - probably found something better to do.

Today, driving through Ohio, another K9 unit tailed us! After 5 minutes, we decided to try the exiting move again, but they pulled us over at the exit. It was a lady cop who said we were too close to the vehicle in front of us, we should be 1 car length for every 10mph, and thats Ohio law. Well, car length is subjective. is it our car or their car? we were a decent length away from the truck ahead of us. **sigh!!**
she asked my husband to step out, and in the side mirror, i could see her frisking him, then she told him to sit in her cop car. she called for backup and a cruiser came. she then had the 2nd cop take my husband to HIS back seat, while she brought her dog around to sniff. I watched the whole thing and the dog didnt seem like it sniffed anything. I saw on TV that a dog usually sits or lays down if it smells something funky. Anyway, she then dumped the dog back in her vehicle and the male/backup cop came to me and asked for my ID, and told me to get out of the RV cuz he was going to search it. I said why? and he said the dog sniffed and detected some narcotics so they have probable cause. I asked what type of narcotics? and he said "the dog cant talk, i dont know" !!!???
So he told me to sit in the back of his cop car, with my husband, and to give him my cellphone. the lady cop also asked why i had a walkie talkie radio. i said its an RVer thing, so we can talk to each other while connecting the toad, etc. THey also frisked me. My husband later told me they asked him if he had lighter fluid on him, and if he had plans to douse her with it and light her on fire. (!?!?!?!)

While we were locked in the back of the cruiser, they then spent the next hour ransacking our place, went through my purse, everything in my wallet, husband's briefcase, jacket pockets in the closet, EVERYTHING!
Of course we had firearms, my husband had a CCW but they still had to check everything inside and muddied my carpet, as usual.

After an hour, a 3rd cop came, just to take a peek I guess? They told us that we should declare everything up front. Seriously? If a cop pulls you over for "tailgating" and then has a drug dog sniff for drugs, are you supposed to say "hey i have guns!!!"

It was a terrible experience, not to mention a bit claustrophobic in the back of the cop car because there was no air circulating and we couldnt open the door or windows from the inside. It was also very uncomfortable. i'm only 5'9" but my knees were banging against the front of this metal divider, and my husband couldnt lift his feet/shoes out of the foot area because it was so cramped so we were huddled there like a pair of hoodlums!

I really think its the California plates doing us in!
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Old 01-21-2012, 12:25 AM   #47
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I have an old motor home, one that looks similar to the one on the AMC t.v. show "Breaking Bad". I would figure if someone was going to be searched it would be ours, but I haven't even been pulled over in it. IF I was though I would want to exercise my rights as a citizen, but I would do so......politely. If you check out this link they actually show videos on how to politely exercise your rights as a citizen. How to Flex Your Rights During Police Encounters This site has a lot of good information and gives you the right phases to repeat to a LEO should you find yourself in the very, very rare instance of needing to repeat them.
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Old 01-21-2012, 12:33 AM   #48
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Border patrol requires probable cause to search. They will tell you they don't but it is a lie. They rely on intimidation to get you to consent. Do some youtube searches for some examples.

Others here are correct. Each state has different laws but you are not going to get pulled over and randomly searched. That is still illegal for now. Just take care of what business you have with being pulled over, be civil and go about your business.

As for adult beverages it also varies by state. Some have a "not accessible by driver" rule and others have no open containers at all. I know of at least one state that if the seal is broken and it is not in a secure container (storage bin, trunk etc) it is a violation.

I suggest the DW wait until stopped for the night.
Not so, in border areas the Border Patrol needs no "probable cause" to search. Their justification is that it is a border area. Just like the Coast Guard needs no "probable cause" to board your boat.
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Old 01-21-2012, 12:43 AM   #49
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Originally Posted by wackodacko View Post
I dont know about the "slim chance", but our Motorhome just got searched today. Thats after being tailed yesterday for 10 minutes, and we also got searched last year in a 5th wheel.
Last year, in our 2010 Dodge Ram and 2010 Heartland 5th Wheel, a cop in Minnesotta pulled us over and said we were swerving (of course we were not!!) and also he said we're from a high drug area so his dog was going to sniff around our rig. We had California plates, so I presume thats what he thought a high drug area was. . . .
That's considered "Probably Cause" is 7 southern states, 2 border states, and 4 from the midwest.

Nah, just kidding. Sorry you've had problems with the local politzi. Be courteous, never volunteer any information and never consent to search. Watch your driving.
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Old 01-21-2012, 06:42 AM   #50
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http://www.texaslawshield.com/

This website may provide information to some of the questions related to Texas law.
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Old 01-21-2012, 07:31 AM   #51
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They told us that we should declare everything up front. Seriously? If a cop pulls you over for "tailgating" and then has a drug dog sniff for drugs, are you supposed to say "hey i have guns!!!"
Yep, Ohio (and many others) is a notify state. You are required to notify a leo that you are carrying firearms at the beginning of an encounter. If you are going to travel with firearms it would probably be good to look at regulations for the areas you will be traveling in handgunlaws.us: The Best Search Links on the Net or Travelers Guide to the Firearms Laws of the Fifty States (Scott Kappas).
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Old 01-21-2012, 08:30 AM   #52
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Wow, what a wealth of responses! Some opinions, some hot air, some factual info from experienced and knowledgeable posters, and I imagine some embellishment of actual circumstances.

IMHO and 50 + years of driving experience covering many thousands of miles all over America, I strongly believe that in the vast majority of traffic stops, or police intervention, there were valid and legal reasons for the interventions. So if you drive safely, obey posted traffic regulations and are not doing anything suspicious, why would you be pulled over? In the few instances I have been pulled over, it was my fault and I owned up to the charges. Having said that, I do realize that there are instances involving less than legal or valid reasons due to profiling, ego building, power abuse and other various "reasons".

When I was a teenager, I was the victim of a power abuse situation, with no serious consequences (although a potentially dire consequence situation).

In another situation while I was stationed in GA, a friend of mine was eating lunch and drinking coffee in a diner in a nearby small town when local LEO came in and asked who owned a specific vehicle in the parking lot. My friend said it was his and the local LEO came to his table, asked for license and proceeded to write him a ticket. After being seeing the charge on the ticket, my friend was speechless. The charge was "Intent to speed! The cop obviously didn't like the hood scoop, large wide rear tires, aggressive paint job and racing seats that were in the cockpit, so he took it upon himself to express his dislike through a ticket. Needless to say, it was thrown out of court and the local JP had a hard time surpressing a laugh when he heard the charge. Now whether or not the cop had previously observed my friend speeding, or violating traffic ordinances, I don't know. Chances are that he had!!!!
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Old 01-21-2012, 08:59 AM   #53
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I agree with the probable cause reply. Also, I believe your motor home is a home when it is fully set up, and a vehicle when moving from place to place.
I believe Wayne is correct, but state and case law might control the police's decision to require entry. If your RV is parked and being used as your home, temporary or not, and hooked to W/E/S, I would argue a search warrant would be needed before entry. If stopped by a police officer, or if you're just parked on the side of the road, I'm fairly sure you're considered a vehicle, which makes for an entirely different set of circumstances.
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Old 01-21-2012, 09:09 AM   #54
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I have to wounder with all the money the feds are giving different enforcement agency's,if they have a minimum requirement attached to maintain that funding.
With any program the agencies always want to keep the cash cow happy.
The larger the government the more it turns into a socialistic state..
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Old 01-21-2012, 09:29 AM   #55
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Note that there may be a wide difference between what the cop will do at the scene vs what would be upheld in the courts if anything came out of the action at the scene. "Probable cause" is a very subjective thing, and judges and cops often have a different perspective.

I find it interesting that some people have had multiple encounters with LE, while we have logged over 120k miles all across the USA and Canada and never had one (other than the usual border checkpoints or traffic stops where everyone is asked for license and reg).
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Old 01-21-2012, 10:10 AM   #56
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Gary,,, You talk about the differences between the street and the court, You overlooked the station, but here is a True Story.. in a manner of speaking "I was there" (Actually I was the dispatcher on duty at the time of the arrest)

My troopers stopped a violator, 4 people in car, Driver plus 3, Right Rear passanger, as they approach the car, rolls down the window and passes a box out to the trooper there "Good Evening officer, here's 5 pounds of Marijuana"

Now.... This was handed to the trooper outside the car.. The trooper looked inside the box, which did indeed contain MJ and proceeded to read the card (Miranda warning) to the vehicle's occupants.

The get to the Detroit PCT. and the Detective tosses the report on the floor and stomps on it with his "NO CASE" brand shoes (ok that's a joke) He stamps the documents "NO CASE, Illegal Search".

The troopers, in violation of post policy, Went to the county Prosecutor, got warrants, arrested the 4 and got convictions.

The bottom lines are (yes there are two).

ONE: Not even all the police agree on what is and what is not a valid search.

Two: If you hand a box to the nice officer and tell him what's in it, Well, "Searched with permission" is the phrase that applies.
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