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Old 04-01-2023, 06:12 PM   #1
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Full timing legal questions

Hi All,
Since we live in our RV's, do we have any rights that homeowners have. Searches, seizures etc. A point in the right direction would help. Thanks.
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Old 04-01-2023, 06:24 PM   #2
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It's your 'home' ....same rights apply while stationary (RV Park, deeded lot etc ----not parked on the street or in parking lots etc)
4th Amendment

In Transit----motor vehicle exception (parking lots, streets, rest areas etc)
Probable cause

But your RV Home has same liabilities also.........slip/fall etc
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Old 04-01-2023, 06:26 PM   #3
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I'm not an attorney. That may be a rather complicated question. Generally the fourth amendment applies, but if you are operating your RV as a vehicle on the roads then vehicular precedent may be important. I presume there may also be different laws depending on the state where you are residing in your RV.

"Whether a particular type of search is considered reasonable in the eyes of the law, is determined by balancing two important interests. On one side of the scale is the intrusion on an individual's Fourth Amendment rights. On the other side of the scale are legitimate government interests, such as public safety.

The extent to which an individual is protected by the Fourth Amendment depends, in part, on the location of the search or seizure. Minnesota v. Carter, 525 U.S. 83 (1998).

Searches and seizures inside a home without a warrant are presumptively unreasonable.
Payton v. New York, 445 U.S. 573 (1980).

However, there are some exceptions. A warrantless search may be lawful:

If an officer is given consent to search; Davis v. United States, 328 U.S. 582 (1946)
If the search is incident to a lawful arrest; United States v. Robinson, 414 U.S. 218 (1973)
If there is probable cause to search and exigent circumstances; Payton v. New York, 445 U.S. 573 (1980)
If the items are in plain view; Maryland v. Macon, 472 U.S. 463 (1985).

A Person
When an officer observes unusual conduct which leads him reasonably to conclude that criminal activity may be afoot, the officer may briefly stop the suspicious person and make reasonable inquiries aimed at confirming or dispelling the officer's suspicions.
Terry v. Ohio, 392 U.S. 1 (1968)
Minnesota v. Dickerson, 508 U.S. 366 (1993)

School officials need not obtain a warrant before searching a student who is under their authority; rather, a search of a student need only be reasonable under all the circumstances.
New Jersey v. TLO, 469 U.S. 325 (1985)

Where there is probable cause to believe that a vehicle contains evidence of a criminal activity, an officer may lawfully search any area of the vehicle in which the evidence might be found.
Arizona v. Gant, 129 S. Ct. 1710 (2009),

An officer may conduct a traffic stop if he has reasonable suspicion that a traffic violation has occurred or that criminal activity is afoot.
Berekmer v. McCarty, 468 U.S. 420 (1984),
United States v. Arvizu, 534 U.S. 266 (2002).

An officer may conduct a pat-down of the driver and passengers during a lawful traffic stop; the police need not believe that any occupant of the vehicle is involved in a criminal activity.
Arizona v. Johnson, 555 U.S. 323 (2009).

The use of a narcotics detection dog to walk around the exterior of a car subject to a valid traffic stop does not require reasonable, explainable suspicion.
Illinois v. Cabales, 543 U.S. 405 (2005)."
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Old 04-02-2023, 05:37 AM   #4
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Full timing legal questions

Definitely a complicated question. No simple answer for such a broad question.
Ultimately it will matter if it happens and the specific circumstances of the incident.
One should simply never consent to a search. Pulling out the I have rights card if pulled over is not the best approach IMO. One should also not be doing anything illegal. If you are, well, things will happen, one may get arrested or cited and then you’ll have a very big legal bill to prove anything.
I’ve been on the winning side of a number legal battles and have the diminished bank account because of it. That simply gives me experience and certainly doesn’t make me happy.
I still support law enforcement as they have a difficult job. Not so to the politicians that make all the laws in this country.
I don't subscribe to threads I reply to so will not see your reply to my comment. Drop me a direct message if you want a reply from me.
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Old 04-02-2023, 07:43 AM   #5
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I think this will vary state to state. But the bottom line is if you are not doing anything illegal what is the problem. If a questionable law officer insists on a search ask for a shift supervisor or second officer to be present. Record this request. If all else fails call 911.
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Old 04-02-2023, 08:34 AM   #6
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"In court, the defendant argued that police violated his rights by searching his motorhome without a warrant. The government’s position was that police didn’t need a warrant because of the automobile exception.

For the relevant purposes, the Supreme Court found that a motorhome is more similar to a car than a stationary house.

The Supreme Court acknowledged that a motorhome was capable of functioning as a home but, nevertheless, sided with the state. For the relevant purposes, the Court found that a motorhome is more similar to a car than a stationary house. The Court explained that, like with a car, a motorhome’s “ready mobility” makes it impractical for police to get a warrant before searching. And, according to the Court, a person doesn’t have the same compelling privacy interest in a motorhome that they would have in a regular home. These factors convinced the Court that the automobile exception should apply to motorhomes. The takeaway is that police need probable cause—but no warrant—to search a motorhome."
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Old 04-02-2023, 12:25 PM   #7
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Thanks everyone.
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