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Old 11-13-2020, 08:05 AM   #113
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Originally Posted by 69Stang View Post
Well, there is that pesky 4th Amendment.
https://criminal.findlaw.com/crimina...uirements.html

What state(s) don't require a search warrant?
WA doesn't. The state Supreme Court has ruled that police can search the vehicle for their safety. Don't know if that includes the trunk or locked compartments though.
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Old 11-13-2020, 11:05 AM   #114
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WA doesn't. The state Supreme Court has ruled that police can search the vehicle for their safety. Don't know if that includes the trunk or locked compartments though.
There's an "automobile exception" to getting a warrant. Since we're talking about MH's my question was which states don't require a warrant for a MH. Some states treat them as homes and others don't.

I don't know of any state where a cop doesn't have to have probable cause to conduct a search of any vehicle.
https://www.fletc.gov/sites/default/...le-carroll.pdf

My advice is never to give permission for them to search. They need to have probable cause or get a warrant. By giving permission anything they find can be used against you.
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Old 11-13-2020, 12:50 PM   #115
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There are 50 states. Some may have similar laws regarding warrantless searches of vehicles. However, the officer must know the law regarding the state where a search occurs. There are so many variables pertaining to warrantless searches. Some may include the "area" within reach of the person arrested. Locked glove box and locked trunk may be outside of a warrantless search. A locked briefcase may require a warrant.

Exigent circumstance, such as destruction of evidence, may come into play, allowing warrantless search.

"Case law" may come into play, as well. If probable cause exists, it never hurts for the officer to get a warrant. It's called CYA.

So . . . you can see that each stop could be unique, in a way. Trying to say that one can or cannot conduct a search does not apply across-the-board.

More information available at Supreme Court decisions.

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Old 11-13-2020, 01:09 PM   #116
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Thank you guys for your service to our country.

So we've gone from my original post on getting pulled over in a RV, to recollections of every traffic stop regardless of RV involvement, to debates about police, to a debate about the safety and efficiency of nuclear operation and the credentials required in the operation of said nuclear operations. The wonders of this forum!
And YET.....
Many posts seem to miss your point that NOTHING was wrong in way Officer acted, noting was outrageous, nothing was 'storm trooper' etc.
Stop was polite/non-demanding and went w/o a hitch
Mostly because you were friendly, cooperative and non-argumental

Kudos to YOU and the Officer
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Old 11-13-2020, 01:13 PM   #117
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Back in 1979, we were driving our 24 foot class C towing a 12 foot enclosed motorcycle trailer, coming home from the races. It was about 2am on a country road about 10 miles from home.
A state trooper pulled us over. We were doing about 50mph.
He said we were speeding. Doing 50mph in a 45 zone. I said there were no signs anywhere on that road indicating that. Dont matter. If unposted, it is 45mph.. ? hmmm ok.... Then he told us our mirrors werent proper. ?? Huh.
They were the factory mirrors on a MH. The trailer was only 7 foot wide and the MH was wider than that.
He gave me a ticket for the speed and only warning for the mirrors..

Another time, Coming home from races again, the wife driving on US 31 in Indiana, she is driving about 20mph over the limit going down a long hill.. (about 1am) Gets lit up... State Trooper again.. She gets off with a warning after telling him she had the cruise control on and it didnt slow down the MH and she was just letting it roll down the hill.... ??? SMH.....

Every time she gets stopped she gets off with warnings.... I always got a ticket.. I learned to slow down.... She doesnt...

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Old 11-13-2020, 01:44 PM   #118
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I got stopped in CA for speeding. Had bought the rig three weeks earlier. Couldn't find my insurance paperwork right away, but did before he finished writing the $460 ticket for 12 over.
Never asked about weapons and the license plates were valid and I had changed the registration via phone.
All he was interested in was writing the ticket for as much as he could.
Yeah and that ticket is probably going to cost you even more over the next 3yrs. in increased insurance premiums. I got a ticket 4 yrs ago. First one in 25 years. 6mph over the speed limit. $175 fine. I could of gone to traffic school and had it dropped but that required 3 more court appearances and the school would of been about $150. So I just paid the fine.

I had National General insurance at the time and my next premium—3 months later—went up $500/yr. and they said it would also be at least that much of an increase for the next 2yrs. until that ticket was dropped from my record. I changed insurance companies to Nationwide and they didn't hold that minor speeding violation against me.
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Old 11-13-2020, 01:45 PM   #119
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Carroll v. United States
United States v. Chadwick
Arkansas v. Sanders
United States v. Ross


All US Supreme Court cases dealing with warrantless searches of a motor vehicle. Absent probable cause (and consent), there is no warrantless exception to search a MV.

Maryland v. Wilson
Pennsylvania v. Mimms
United States v. Moorefield


The U.S. Supreme Court has repeatedly held that officers may order the driver and any passengers to get out of the MV (or stay in a MV) until the traffic stop is over.

Michigan v. Long
Arizona v. Johnson
United States v. Taylor


The officer may pat down the occupants of the vehicle and conduct a search of the passenger compartment, but only when the officer has a reasonable articulable suspicion that the occupants might be armed and dangerous. A number of factors may lead to reasonable suspicion to frisk, including disobeying a command to show hands.

Back to the OP. Yes, an officer can "order or demand" you get out of the MV. The officer can't pat down a driver absent reasonable and articulable suspicions that you are armed and dangerous. This is one of the most misunderstood pieces of case law. Simple stating "officer safety" is not enough to justify a non-consensual pat down. Likewise any item felt must be immediately and definitely known to be contraband without manipulation.
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Old 11-13-2020, 01:48 PM   #120
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Just for the record everyone who leaves home to provide a service to their community risks there life.

When you are sitting beside the road with your children in the car in a speed trap waiting to get hit by a drunk driver or truck driver falling asleep, public safety officers are making the road less safe.

Respect people for how do there job not how they wear a uniform.

Reminds me of the Hunter S Thompson quote, " We cannot expect people to have respect for law and order until we teach respect to those we entrust to enforce the laws." One way for police to regain the respect they claim to deserve is for them to hold each other to the same standards as they hold us to. It is not unreasonable to expect LE's to report bad behavior by other officers but it doesn't happen often enough. I was taught that respect is earned, not demanded.
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Old 11-13-2020, 01:57 PM   #121
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Just think how much "stuff" you could carry in a motor home. If I was a drug dealer I'd use old people in a motor home to transport. Think how rare it is to get stopped in an RV.
We go to RGV every winter which is 8 miles from the Mexican border. Last year I heard several stories of the cartel looking for easy target MH's to use as mules and would stuff their dope under the chassis. Then follow them as they made their way inward into the states. Then at an opportune time retrieve their goods. Could end up ugly if you tell your wife at night time, "honey did you hear that. I'm going out to see what's going on".
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Old 11-13-2020, 03:18 PM   #122
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Yes. I mentioned probable cause, exigent circumstances, and subject to arrest. These certainly may allow warrantless searches.


Impounding a vehicle allows inventory of all items.
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Old 11-14-2020, 07:40 AM   #123
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We go to RGV every winter which is 8 miles from the Mexican border. Last year I heard several stories of the cartel looking for easy target MH's to use as mules and would stuff their dope under the chassis. Then follow them as they made their way inward into the states. Then at an opportune time retrieve their goods. Could end up ugly if you tell your wife at night time, "honey did you hear that. I'm going out to see what's going on".

I have to call urban myth on this one. Proof please, and make it first hand not my BIL's son's best friend's mother type of thing.
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Old 11-16-2020, 08:01 PM   #124
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We go to RGV every winter which is 8 miles from the Mexican border. Last year I heard several stories of the cartel looking for easy target MH's to use as mules and would stuff their dope under the chassis. Then follow them as they made their way inward into the states. Then at an opportune time retrieve their goods. Could end up ugly if you tell your wife at night time, "honey did you hear that. I'm going out to see what's going on".
I live in the RGV and 75 miles from the boarder and never heard of this. Calling BS.
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Old 11-18-2020, 02:11 PM   #125
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We go to RGV every winter which is 8 miles from the Mexican border. Last year I heard several stories of the cartel looking for easy target MH's to use as mules and would stuff their dope under the chassis. Then follow them as they made their way inward into the states. Then at an opportune time retrieve their goods. Could end up ugly if you tell your wife at night time, "honey did you hear that. I'm going out to see what's going on".
Dingos will steal your babies, too...
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Old 11-19-2020, 08:39 AM   #126
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I suspect that this cop did not like," dead young people". I also suspect since all the kids knew about him and his reputation, they would drive just a bit slower when they knew he was on duty. He may have saved a few young lives without anyone ever knowing. Just my humble opinion. Peace.
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I knew a "bad" cop in high school. ALL the kids of driving age knew him. He just didn't like young people or something. The kids of the city all breathed a sigh of relief when he got promoted off traffic.

That said, I suspect a lot of "bad" cops are just people not having a good day. Live PD was mentioned, I like dto watch that too. On it I saw a LOT of whacked out citizens I am delighted to know I didn't have to deal with.

So I figure if you're the next person to be pulled over after a cop just dealt with a screaming, spitting, methhead Karen whose cousin is a cop and her uncle is a lawyer then your officer on scene is likely not going to be in the best of moods.

Years back I was stuck behind somebody dragging along well under the speed limit and I wanted by. Passed him with excessive speed at exactly the wrong time. I figured oh well and owned. The officer told me straight up he wished he hadn't started writing out the ticket already because after talking to me he said he didn't want to write one. He said he'd handed out a number of tickets that day and I was the first person to be nice and reasonable about one. I did NOT envy him his job.
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