Community Forums

Freebird1958 · 02-22-2015, 08:18 PM

I have a general question asking if anyone has had an experience that a good friend of mine had traveling through Colorado. My friend and his family of 4 were traveling through Colorado last year when they reach the east border (leaving) of the state a state trooper pulled them over basically for a bogus reason. My friend is a fellow Utility Lineman like I am with his 2 teenage granddaughter the trooper asked if he could search their MH of coarse he found nothing. But the trooper said he was checking all MH for drugs! First is this legal and second why are they checking all MH?

Grandpere · 02-22-2015, 08:29 PM

The trooper asked and your friend said yes, there for it is legal. As for searching all MHs? maybe the Colombian drug lords are mixing pleasure with business now. Sounds like a bogus excuse to me.

kalynzoo · 02-22-2015, 08:32 PM

I am a strong supporter of law enforcement, and have children associated with various fields of law enforcement. I really don't know how I would handle the situation, I guess a great deal would depend on the circumstances at the scene. The area behind the drivers compartment has generally been considered a residence, which is how you can travel with open booze in the frig, and set belt laws do not apply to passengers on the bed or couch. Without probable cause of an immediate threat and without a warrant a search would probably be against policy. If the officer had reasonable suspicion I guess you could be detained on the spot until a warrant could be obtained. You could insist on a supervising officer to be on site. You could also create a shouting match which would only be resolved at some later date in court or in an administrative hearing. You pose a tough question.

bdpreece · 02-22-2015, 08:40 PM

They can always pull you over for some bogus rule. When I used to drive an old junker I used to get pulled over all the time on the interstate the common one was you crossed over the fog line. Gave them a chance to check my license and registration and see if I had insurance. Not much you can do about that.

As to a search you have every legal right to refuse. That being said if you do get ready for a long day/night sitting on the curb waiting for them to come up with a search warrant.

A couple of years ago we were in our motorhome in Texas and went through a border patrol checkpoint. Supposedly their dog alerted to drugs in our motorhome so they had us pull to the side of the road. The wife and I were asked to exit the motorhome and take our dog with us. They separated us and then interrogated us while with my permission they took the drug dog into the motorhome for a search.
The funniest part of this at least to me was the agent interrogating me kept asking me if I was a US citizen. [Moderator Edit] Spent about 45 minutes on the side of the road then it was "You can go" no sorry, have a nice day or anything. [Moderator Edit]

Diane98 · 02-22-2015, 09:32 PM

The only reason I can think of is, it is legal to buy Marijuana in Colorado, but your not allowed to take it out of the state. People have tried to take it out on flights, but end up throwing it out at the airports when found by the employees that check you thru the scanners. My son lives in Colorado and says the airports collect lots of Marijuana, so maybe the officer was checking the RV for it as well.

Clayobx · 02-22-2015, 09:44 PM

Yep, what he said^. There have been several post relating to this exact same issue with folks leaving CO. If you light up just do it there!

adamfolger · 02-22-2015, 09:49 PM

But the trooper said he was checking all MH for drugs! First is this legal and second why are they checking all MH?

No, the action was not legal. The officer had no probable cause to search. If he could see or smell drugs while talking to the driver, then he would have probable cause to search further. The officer can ask for permission but you do not have to give it. Officers often work in the gray areas of the law because no law allows for the given circumstances in a situation. This is where officers have discretion to take action and enforce a law or not. Cops call them fishing trips. Some times they catch something.

Beware the over reach of government and its officials. I would insist on a supervisor being present. Our right to unlawful search and seizure should be protected even if doing so creates an uncomfortable situation. Most of our laws are "measured and reasonable". Law enforcement actions must also be "measured" and coupled with a "reasonable" belief that a crime has been committed . It is a fine line that must be respected. Judges frown heavily at officers who act improperly under color of authority. I was in law enforcement most of my working life and the hardest part was knowing where that line was. Law enforcement authority ends where our rights begin. As Gandalf said...YOU MAY NOT PASS!!

I think I said too much...sorry

Doggy Daddy · 02-22-2015, 09:54 PM

Any time you are stopped by Border Patrol or any LEO, it is time point your dash cam [if you have one] and to take out cell phone to record the LEO on video. Ask him to explain why you and your vehicle was stopped. It is your right to record this travel adventure.
Treat others as you want to be treated is the golden rule. If you behave like an ahole, odds are you will be treated like one. I've never had problems with LEO or border patrol but then again, things could change.

SarahW · 02-22-2015, 11:17 PM

Quote:

Originally Posted by adamfolger

But the trooper said he was checking all MH for drugs! First is this legal and second why are they checking all MH?

No, the action was not legal. The officer had no probable cause to search. If he could see or smell drugs while talking to the driver, then he would have probable cause to search further. The officer can ask for permission but you do not have to give it. Officers often work in the gray areas of the law because no law allows for the given circumstances in a situation. This is where officers have discretion to take action and enforce a law or not. Cops call them fishing trips. Some times they catch something.

Beware the over reach of government and its officials. I would insist on a supervisor being present. Our right to unlawful search and seizure should be protected even if doing so creates an uncomfortable situation. Most of our laws are "measured and reasonable". Law enforcement actions must also be "measured" and coupled with a "reasonable" belief that a crime has been committed . It is a fine line that must be respected. Judges frown heavily at officers who act improperly under color of authority. I was in law enforcement most of my working life and the hardest part was knowing where that line was. Law enforcement authority ends where our rights begin. As Gandalf said...YOU MAY NOT PASS!!

I think I said too much...sorry

Why do you say it was not legal? The officer asked if he could search and the RV owner said yes.

Okiedoke · 02-23-2015, 02:39 AM

We exited Colorado last year from east, west and north in our MH. Never got stopped.

In my younger years I had a van trashed inside when I consented to a police search (turned out they were looking for a similar van). No more consent for me.

soricobob · 02-23-2015, 04:36 AM

Diane98 hit the nail, and I bet lots of folks bring bags of weed back home, on vacation, etc. Just cops doing a proactive job.

spsm · 02-23-2015, 04:50 AM

Honey ................where da donuts.

wa8yxm · 02-23-2015, 05:04 AM

In Colorado recreational Marijuana is legal. I suspect the police in the surrounding states feel that it is reasonable to assume that people EXITING may be in possession of same.

And in the case of a Motor home... He may have been shopping for his retirement villa on wheels and wanted to check out as many as he can so.....

As someone else said.
For a cop on the street, if he says "May I please search" and you say "YES" then it is legal.

By the way, when crossing a NATIONAL border, If the customs officer says "Pull over so we can search" it is legal, you do NOT have the right to deny or demand a warrant.. HE (or she) has the right to search.

AND... Epically in the case of motor homes...

Some states have Ag Laws.. You may not bring selected products into the state.. Those products are commonly found in motor homes (Fruit and vegetables mostly, firewood as well) and thus a search may be conducted. In some states they have inspection stations on the border (Take I-10 from AZ into CA for an example of one such station)

Retiredblade · 02-23-2015, 05:29 AM

Quote:

Originally Posted by wa8yxm

In Colorado recreational Marijuana is legal. I suspect the police in the surrounding states feel that it is reasonable to assume that people EXITING may be in possession of same.

And in the case of a Motor home... He may have been shopping for his retirement villa on wheels and wanted to check out as many as he can so.....

As someone else said.
For a cop on the street, if he says "May I please search" and you say "YES" then it is legal.

By the way, when crossing a NATIONAL border, If the customs officer says "Pull over so we can search" it is legal, you do NOT have the right to deny or demand a warrant.. HE (or she) has the right to search.

AND... Epically in the case of motor homes...

Some states have Ag Laws.. You may not bring selected products into the state.. Those products are commonly found in motor homes (Fruit and vegetables mostly, firewood as well) and thus a search may be conducted. In some states they have inspection stations on the border (Take I-10 from AZ into CA for an example of one such station)

I've been thru that inspection station more time than you can shake a stick at and everytime they were waving everyone thru. California is broke and can't afford to man those points like years ago. Back in the seventies when I went thru they stopped me and I asked why, she said because your from Pa. and we are checking for gypsy moths! I said we haven't had them for over two years. At that time they were over in Minnesota! Then she waved me thru, what a joke.