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Old 11-02-2013, 04:58 PM   #43
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From my link above:

“The traditional rule is that warrantless searches and seizures are per se unreasonable and
that the burden is on the government to establish that a search or seizure falls within a well-
established exception to the warrant requirement.
Coolidge v. New Hampshire, 403 U.S. 443,454-55 (1971); Stoner v. California, 376 U.S. 483, 486 (1964). However, the government argument that the warrant requirement only applies to dwellings –unanimously rejected in United States v. Chadwick, 433 U.S. 1, 7 (1977)–has been well received by Justices Scalia and Thomas. See California v. Acevedo, 500 U.S. 565, 581 (1991) (Scalia, J., concurring). The
exceptions to the warrant requirement have generally been given increasingly broad readings. In
his dissent toGroh v. Ramirez, 540 U.S. 551, 572-73 (2004) (Thomas, J., dissenting), Justice
Thomas noted that the current status of the case law surrounding the warrant requirement stands
“for the illuminating proposition that warrantless searches are per se unreasonable, except, of course, when they are not.” Determinations of probable cause and reasonable suspicion aregiven de novo review by the appellate courts.
Ornelas v. United States
, 517 U.S. 690 (1996).”
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Old 11-02-2013, 05:11 PM   #44
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Quote:
Originally Posted by Mr_D View Post
This has been hashed over numerous times on other forums. If you're stopped and not hooked up to utilities you're considered a motor vehicle. Even the RV magazines have stated that fact.
That don't make sense what about the Wally World lots that allow dry camping? Sound to me like the campsites are trying to scare us into using only their sites.
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Old 11-02-2013, 05:19 PM   #45
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My last reference on advice:

Illegal serch of a motor home by police

Do they have any right to search my motor home? if something illegal is found can it be held against me? ? 3 Legal Answers as of July 25, 2013 - LawQA.com
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Old 11-02-2013, 05:35 PM   #46
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I sure hope he doesn't have the keys stashed in his diaper!
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Old 11-03-2013, 06:19 AM   #47
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If anyone read the link in post 42 you will see that the Supreme Court stated that a person has the Right to Reasonable Privacy in their......tent.
A tent is hooked up to nothing.

I thought I would add a little insight to something that was said and that I have agreed with many times.

It was a question about why not let him sleep it off.

That was a normal practice until the late 1960's.
Either allow him to sleep it off in the backseat or
give him a ride home. Even into the 1970's I have
done just that and not arrest the person.

However things changed.

There became a mentality that we are not responsible
for our own actions and if we or someone else is hurt
it must be someone ease's responsibility.

At the same time it became a belief that there was such
a thing as a free lunch and free money.

Cities began seeing lawsuits for negligence.
Negligence as in failure to perform your duty.

If Officer Friendly allowed Bill to sleep it off ion his car
and Bill awoke then later drove the car and hit something, the lawyers sued Officer Friendly for negligence.

The same thing happened if Officer Friendly took Bill
home and he awoke and fell down his front steps.

Neither accident wold have happened of Bill had been arrested and placed in jail.

Now the lawyers knew that Officer Friendly did not have deep pockets. So they sue Officer Friendly for negligence, add in all Supervisors working that shift - as they should have told Officer Friendly to arrest Bill, the Training Officer for improper training of Officer Friendly, the PD because they hired, trained and retained Officer Friendly, the City because the PD is a part of City Government, the PD Academy because they certified
Officer Friendly and the State because they either run or certify the PD Academy.

The lawsuit has gotten big and the Damiano effect is starting.

The juries felt like an award for Bill hurt no one as it was City Money.
It was free, just like a free lunch.
Awards of $100,000-200,000 were not uncommon.
Pull up an inflation calculator and see what that is worth today!

Self insured cities were losing money, cities that were insured by an outside insurance company saw their rate rise. Taxes had to go up to cover the costs.

So changes had to be made.

PD's made policies that followed the Jury's ruling that if an Officer saw a violation and did not make an arrest, it was negligence.

The city now had a shield against lawsuits.
But the Damiano effect is still going.

PD Academy started an intense paper trail of all training.
The Officer had to sign that he had been trained on each
topic and signing his test papers. He was also re-trained
and re-tested on any area he failed to make a 100% test
score on until that 100% was met. Up to 3 times.
If he failed to meet 100% after the 3rd try he was out.

This protected the Academy, State, City, PD, PD Supervisors and PD Training Officer, but not Officer Friendly. He could never again say he was not trained.

The Citizens now wonder what happened to Officer Friendly and why he was replaced by Officer Hardnose.

Some still believe there is a free lunch and free money.
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Old 11-03-2013, 06:29 AM   #48
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I drink occasionally and have overnight in a WalMart parking lot. However I would never do both in the same night. What happens if you are forced to move after you have been drinking?

I save the drinking for when we are safely at a campsite.
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Old 11-03-2013, 06:36 AM   #49
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Oldme, you hit the nail on the head. WELL SAID!!!!!!
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Old 11-03-2013, 06:38 AM   #50
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Originally Posted by burgman50 View Post
Oldme, you hit the nail on the head. WELL SAID!!!!!!
I agree. That was interesting.
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Old 11-03-2013, 07:10 AM   #51
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Quote:
Originally Posted by Oldme View Post
If anyone read the link in post 42 you will see that the Supreme Court stated that a person has the Right to Reasonable Privacy in their......tent.
A tent is hooked up to nothing.

I thought I would add a little insight to something that was said and that I have agreed with many times.

It was a question about why not let him sleep it off.

That was a normal practice until the late 1960's.
Either allow him to sleep it off in the backseat or
give him a ride home. Even into the 1970's I have
done just that and not arrest the person.

However things changed.

There became a mentality that we are not responsible
for our own actions and if we or someone else is hurt
it must be someone ease's responsibility.

At the same time it became a belief that there was such
a thing as a free lunch and free money.

Cities began seeing lawsuits for negligence.
Negligence as in failure to perform your duty.

If Officer Friendly allowed Bill to sleep it off ion his car
and Bill awoke then later drove the car and hit something, the lawyers sued Officer Friendly for negligence.

The same thing happened if Officer Friendly took Bill
home and he awoke and fell down his front steps.

Neither accident wold have happened of Bill had been arrested and placed in jail.

Now the lawyers knew that Officer Friendly did not have deep pockets. So they sue Officer Friendly for negligence, add in all Supervisors working that shift - as they should have told Officer Friendly to arrest Bill, the Training Officer for improper training of Officer Friendly, the PD because they hired, trained and retained Officer Friendly, the City because the PD is a part of City Government, the PD Academy because they certified
Officer Friendly and the State because they either run or certify the PD Academy.

The lawsuit has gotten big and the Damiano effect is starting.

The juries felt like an award for Bill hurt no one as it was City Money.
It was free, just like a free lunch.
Awards of $100,000-200,000 were not uncommon.
Pull up an inflation calculator and see what that is worth today!

Self insured cities were losing money, cities that were insured by an outside insurance company saw their rate rise. Taxes had to go up to cover the costs.

So changes had to be made.

PD's made policies that followed the Jury's ruling that if an Officer saw a violation and did not make an arrest, it was negligence.

The city now had a shield against lawsuits.
But the Damiano effect is still going.

PD Academy started an intense paper trail of all training.
The Officer had to sign that he had been trained on each
topic and signing his test papers. He was also re-trained
and re-tested on any area he failed to make a 100% test
score on until that 100% was met. Up to 3 times.
If he failed to meet 100% after the 3rd try he was out.

This protected the Academy, State, City, PD, PD Supervisors and PD Training Officer, but not Officer Friendly. He could never again say he was not trained.

The Citizens now wonder what happened to Officer Friendly and why he was replaced by Officer Hardnose.

Some still believe there is a free lunch and free money.
Sorry but I really have to say this.
The law system is way out of hand. This is a friendly forum I cannot express my feelings toward Lawyers.
I have a lot of friends in law enforcement who could tell horror stories about lawyers and Judge's. Enough said.
I have to take my blood pressure now
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Old 11-03-2013, 07:28 AM   #52
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Originally Posted by burgman50 View Post
Oldme, you hit the nail on the head. WELL SAID!!!!!!
xMany. Well said.
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Old 11-03-2013, 07:41 AM   #53
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That doesn't even make sense. How can you be in "actual physical control" of the vehicle from the back seat? I would fight that one for certain. (Not that I have ever slept it off in the parking lot, haha.)
If you have control of the keys and are in the vehicle that is good enough for the under physical control charge.

Quote:
Originally Posted by middleman210 View Post
This is where I get confused yes my coach is my home but it is also a motor vehicle. So at what point can one get in trouble for drinking in the coach. Have friends that are LEO and they have yet to answer me on this. So if and when the do I will post here. I know all states differ on things like this so I thought I would try here as well to see if any of you outside of Maryland have any input from your states
Ohio has one of these types of laws now. Penaltys are not nearly as severe.

Quote:
Originally Posted by bdickson View Post
In Scotland where I was raised it was much clearer. There was a "Driving while Intoxicated" offense, but there was another one called "Drunk In Charge of a Motor Vehicle" which was regularly applied to the "sleeping it off" situation. IIRC Drunk in Charge did not carry an automatic disqualification.

Regarding the MH situation, I think it would be a much stronger defense if the jacks were down, slides were out and slinky stinky hooked up. A reasonable LEO should accept that there is little chance of driving off on a whim.
X2 on this /\ /\ /\ /\ /\

Taking off on a whim is exactly the problem.

When I went to the police academy. we were shown that if a person went out with your friends and got good and Drunk and left a bar @ 2AM then went home the next day at 9 am when you are going to work at 9AM You would have enough residual alcohol in your system to get a DUI charge.
Most people sleeping it off will only wait till 6 or 7AM to drive off.
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Old 11-03-2013, 08:17 AM   #54
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Originally Posted by MickBrennan View Post
As it neared closing time, an extremely intoxicated man stumbled out of the bar and spent 30 minutes looking for his car. When all the other drivers had left, the drunk finally located his vehicle.
What a great way to find your vehicle when you are plastered!

Process of elimination!

Coulda used that idea once 30 years ago. Coulda saved myself from walking 7 miles to my place 2 blocks from the bar. LOL
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Old 11-03-2013, 08:42 AM   #55
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Originally Posted by dogpatch View Post
What a great way to find your vehicle when you are plastered! Process of elimination! Coulda used that idea once 30 years ago. Coulda saved myself from walking 7 miles to my place 2 blocks from the bar. LOL
LOL

I simply never get plastered... Never get over the limit... Tried too much as a younger man, hated the next day... I just don't have the desire, besides, it conflicts with all my other drugs.... LOL
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Old 11-03-2013, 10:22 AM   #56
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Quote:
Originally Posted by middleman210 View Post
To all my law enforcement friends (Or those in the know) I had an interesting conversation with some on the other day. It seems that he was arrested for Dui while sleeping it off in the parking lot of the bar he had been drinking. The gentleman in question says (his side of the story) that after a night of parting he knew he should not drive so instead he decided to climb into the back seat and sleep. His keys were on the seat in front of him. First off can this happen (I donít know the guy all that well) I mean sleeping in the back seat and still get arrested for Dui? And how would this affect those of us in a RV. I mean I love to have a couple (6 packs) beers after a long day driving and sometimes that takes place in a Wally world parking lot. So if I do indulge do I have to worry about getting arrested while in my RV which I consider my home away from Home? Any input would be great
Bottom line, I think the keys have to be in place to start and run the car/truck, thus the best place would have been in his pocket or the glovebox. Hope he's smart enough to fight this no matter what it cost. Of course the smart thing to do would been to take a cab home and pick-up the car later.. Now this is my Honest Opinion Here!
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