Page Title:
Illegal serch of a motor home by police? - Answers

Page Description:
This question is excessively vague and it's target response is uncertain. An 'Illegal search' is just that, Illegal. What circumstances make the poster believe an illegal search occurred? This answer requires clarification and is done in a generalized manner since the location of the motor home in question is not known nor are the circumstances. This answer is also not legal advice. In the United States most localities consider a motor home as vacation property and are treated as a second home, private property, when parked off road and occupied. Therefore unless local laws override the description of second home and private property the police etc. require a specific warrant to perform a search the same as if they came to the front door of the primary residence. Even in a rented space a motor home is protected while parked. In a rental space for most cases the contract transfers a type of temporary ownership to the renter and the landlord can only permit police to search the land under and around the motor home but has no legal right to permit entry to the motor home itself or to any storage containers on or under it. However even with a primary residence on real property if the police have a reason to believe someone inside is in immediate danger or risk of life they can enter without a warrant under certain circumstances. This extends to the belief that someone inside the motor home may have been abducted such as if a witness reports seeing an incident that raises that suspicion. The police may look for the person in danger on suspicion of their existence based on the witness report if the witness in person, states such a condition exists. In all localities the police can act on observation of a crime in progress but must have a compelling reason to enter property without a warrant for any other reason if they are only there on an anonymous complaint. They must observe or hear a crime in progress in order to act. They must have a reasonable cause to request a warrant and a Judge requires some evidence to issue one. Bounty hunters, Parole officers and Child Protective services are exempt from requiring such warrants when looking for persons. Generally the opening of sealed packages inside the motor home including purses and suitcases requires a warrant or the permission of the owner no matter what the officer may consider probable cause if unsubstantiated. Ex. if the package is not large enough to hide a body it can't be searched for one on suspicion of imminent danger to the alleged occupant of the package without a warrant. Also generally, without a warrant only objects (crimes) in plain site can lead to charges that can be presented in court successfully or precipitate an additional search. If the motor home is stopped while moving on a public road it is classified as a vehicle and vehicle search laws may apply. A road block uses an implied warrant when looking for a person or object. Many Motor home clubs keep an archive of local traffic law information available to their members for educational reference purposes so they can know in advance what they may expect when traveling to different states and counties. These clubs do not supply legal advice. These as well as Libraries, West Law online and other sites hosting databases of local statutes do not post police procedures and guidelines for performing traffic stops or guidelines for applying probable cause as justification for a search during a stop such as locating an open bottle of liquor in the vehicle when the driver appears impaired or smells of liquor without the drivers consent. Example; In a motor home the within reach of the driver rule is difficult to apply and an open bottle in a kitchen cabinet can't always be used successfully for a traffic citation if the driver passes a sobriety test. A search for liquor when the driver is sober and no underage persons in the vehicle are intoxicated has no cause or justification. Suspicion that the bottle might be in the cabinet doesn't make probable cause for a search for liquor in this case. A traffic stop for the sole purpose of a search on the sole suspicion that an open bottle might be in the vehicle can be considered illegal. Only a lawyer working in the jurisdiction of the 'search' can fully and accurately answer this question. The original poster of this question should expand it and provide additional details.

This Page is About: