Can Police Search Your RV Without A Warrant?
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- Опубликовано: 8 сен 2024
- In today's video, we delve into the circumstances under which your RV may be searched without a warrant vs. protection under the 4th Amendment. We also discuss the factors that determine whether your RV is considered a vehicle or a residence.
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Let me add this,, as a combat veteran and love this country and pay my bill and taxes and avid rv’ers I’m a constitutional schooler and involved with civil rights. I’ve found many cop’s ignorant of the constitution. Make it easy for yourselves motorhome or not. If they want your license and all fine but make them tell you what they are pulling you over for. Do not allow no searches even if they have reasonable articulated suspicion and invoke the 5th say absolutely nothing to them. They are not your pals and are sneaky, don’t be afraid or intimidated. That’s the tactics they use. Hate to say if, but it’s true.
Like your channel. I’m a retired California Deputy Sheriff. Every state is different in trying to answer this question.
In California police and CHP do traffic, Deputies do crime which doesn’t mean we don’t help each other or “do” the others primary job.
In CA, RV’s are considered “house cars” which have labeling designation as such.
I never messed with any “house car” on the road or parked that was decent.
Obviously CA has a large homeless population that cause huge nuisances for any residential or business area.
POS (pieces of $hit) RV’s get extra attention.
Parking in an area to long, (on a street) can get attention.
Registration expired over 6 months means I can tow your vehicle to an impound lot. This requires an inventory of its contents which gets me into your “home”.
Fish & Game wardens have extra latitudes as far as searches if your actively or recently fish/hunting. The courts allow greater latitude for this.
Trying to train someone on how to behave in these situations can be difficult.
I’m not a lawyer either.
Schoolies busses might be the only thing where they could be “profiled” incorrectly.
Profiling has nothing to do with race, it’s criminal activity that no one wants in their neighborhood. “Say something that’s out of place” kinda thing.
I’ve meet great schoolie peeps and with kids.
My advise, don’t consent. If you are open have nothing to hide it’s up to the individual.
If you think yours rights are being violated but a search is demanded, submit with further verbal denials with no delay or physical blockage.
Courts and cases, along with arguments are for thencourt, not on the side of the road, parking at a business, or private property.
There are rare but extenuated circumstances that allow searches as well because of information from the public that cannot be ignored, ie, children in danger is one but there are more.
California Law Enforcement (say what you will about CA) have probably the best training per cop than any other state and we work with typically 30-50% of officers required per 100k of FBI standards.
Be decent, and don’t worry. Enjoy your time on the road. I hope to see you all out there.
We are currently in Utah and soon to be in Texas.
According to what I read American police officers get on average 647 hours of training were in contrast a barber gets 1300 hours of training. What you find is lot of officers who don't understand the laws.
They sure as hell TAX you like it's a dwelling. No, you may not search my dwelling.
NEVER consent to a warrantless search. If you exercise your constitutional right and police retaliate because they resent it... Well, that's a lawsuit. I consented to a vehicle search when I was in high school (1979). They dug around, found nothing, and left without any explanation. Why did I consent? Because I had received a traffic ticket and went to court for having removed the rear bumper to work on my car at the school's body shop. Taking it on and off daily would have wasted most of my class time, so I had just left it off, but did have the plate on the back since it was a VW bug. I feared getting another ticket from this local cop if I said no to the search. However, since then I have told all my friends that if a cop ever says I consented to a warrantless search that cop is a liar. Stand up for your rights! You have 4th amendment rights in your car. They MUST have probable cause or exigent circumstances. They cannot go on a fishing expedition... even in a car... unless you let them. That's your call, but I assure you they are not getting a pass to search any vehicle of mine nor will I invite them inside my house or RV without a warrant... even if it is raining.
You don't have to answer questions, say you invoke the 5th amendment. If driving your RV you will have to show valid drivers license, registration, and proof of insurance.
"You don't have to answer questions"
@@douglascounts4634 Actually NO! You only have to say, "You have my license and registration". My address is on there.
As a retired truck driver and used to the law associated with that never thought to question RVs it was most interesting to see this! Thanks for clearing up something I didn't know I needed to know...lol Keep'em coming
I spent 5 years in RV and Boat depending on the seasons and Hurricanes. Boats are different - if moving so are RV's and car's. Local laws do NOT preempt the Constitution - and you should clearly state that to preserve your right (it will matter in a lawsuit and they can't claim ignorance).
The bottom line is you can't stop the cops from searching, so don't - and don't keep illegal shit in your procession.
Suing for civil rights violations is a rather lucrative way of paying off boats and RV's. Ask me how I know.
Never, Never answer an officers questions, they are looking for anything to give them probable cause to search the vehicle or other crimes to charge you with. Always video your interaction with LEO's, they love to violate citizens rights and when they do you have evidence for a lawsuit. Have a dash cam that records your GPS speed so when the officer tells you some made up speed above the speed limit you can either ask the lying officer whether he/she want to reconsider the statement they just made or just take the ticket got to court and have it resolved or go right to the PD show them the evidence, get the ticket cleared and file a formal complaint with the police department. Also if the cop was lying it can also be considered a 4th amendment violation as the officer 'seized' the driver unlawfully by stopping the person when no crime was committed. Thus you could get a lawyer and file a violation of civil rights lawsuit against the cop, their department, and the city.
Be polite, but don't answer questions. Assert your 5th amendment rights. Police routinely do "pretextual stops" and go on a "fishing expedition" looking for anything to get a random arrest. They can not search your car or RV unless they have "probable cause" that a crime has happened or exigent circumstances exist.
There is a difference if it's a drivable RV or a tow behind, Drivable they will enter. Towable , dog hits dope there in. Otherwise warrant is needed, a locked closed box your are not in or readily available to, forces warrant, is what a cop told me.
Probable cause is that the officer has reasonable suspicion that you have either committed a crime, or are in the process of committing a crime. An officer does not have the right to randomly search your vehicle, whether it be a Car, or an RV, for no apparent reason. I do not agree with your description of when they can search your car.
Cops can use any reason as “probable cause”. Crooked judges and the Blue Wall of Science protect the crooked cops, and they know it.
Don't snitch on yourself. You don't have to answer questions.
They better have probable cause. Many RV'rs keep personal weapons for security in their RV. It's no one's business what you have if you are a law abiding citizen.
Truth is that the police can do WHATEVER they please to you and your property, plus you CANT STOP THEM. But after they have already done so, you may have grounds to sue if you can get past their qualified immunity protections/claims. But if the officers wish to entirely ignore the law during a stop, they can, at least in the moment.
They can search your vehicle. It’s at the discretion of the judge if any evidence the police collect is admissible in court.
What if it is a travel trailer?
A travel trailer is an RV----Recreational Vehicle. The term RV doesn’t only apply to motorized vehicles.
I remember when they pinched Willie Nelson, possession of a controlled substance (cannabis) in his RV. The police told him if he had his way he, he would leave him along side the road with a bullet in his head.
The answer is a resounding NO ! Ur rv has the same status as ur home !
Sorry, they need a WARRANT !
This is my own private domicile and I will not be harassed!
Amen!
As a retired police officer and a long time rver this question sorta bothers me and this is why. In this day and age police officers have a very tough job and every day it gets worse. Thanks to social media and activist that like to stand in front of a camera police officers get a very bad rap from a large portion of the public. Yes I know there is a bad officer out on those streets right now but there is a bad teacher, doctors, priest mechanics and every other job that you can think of. We will never stop bad people but what we can stop is calling all police officers, priest and teachers bad. If I treated everybody like I treated the worst killer I’ve ever put in prison you all would be horrible people but I know that’s not true so I don’t. When you come in contact with a police officer just treat him or her how you want to be treated. If he ask you for your ID just give it to him, don’t ask why or just say no. Nobody goes to work every day wanting to fight or hurt people, not even police officers. The things I see on tv news nowadays is absolutely sickening and it’s because so many people have lost the ability to show respect. How about we all just learn how to respect each other.
I think most people recognize and understand that the vast majority of LEO’s are attempting to do a good and legal job of protecting the populace. That said, it is somewhat remarkable how many videos you see of cops being bad. It’s eye opening in some respects. The bottom line is if you are stopped for any reason in a motor vehicle you have a legal requirement to present license, registration and in some cases proof of insurance. You are under no obligation to cooperate by answering questions and you have a right of refusal to allow your vehicle to be searched. This assertion of your rights places the burden on the LEO to conduct a search under circumstances where they might later be called into court to prove they had valid reasons. Often time they do not. Always be courteous and polite is the bottom line and try not to give the LEO any reason to be suspicious and concerned.
How about police officers just abide by their Oath to the Constitution and not look upon the various amendments as an inconvenience that they constantly try to circumvent.
@@intellectualgladiata sir you are exactly right, why don’t priest stopping playing with little boys. We can’t stop everything but we can be good respectful people to each other.
I get what you're saying & I agree with the premise of much of it. But... too often nowadays LEOs do not help themselves get positive reaction out of the general public. Also, a large % of the general population understands that it's routine for cops to lie in the course of their business AND that a typical non-traffic encounter with an officer is likely to have that officer go on a fishing expedition in order to ticket or haul *someone* to jail in the course of the stop/call. Beyond a shadow of a doubt we need police to function as a civilized society but I have the hardest time digesting the fact that so many cops lie their rear ends off while doing their profession.
@@nathanurick8320 , sorry but from my experience Police earn their bad rap and then some. I used be a real "Back the Blue" person but both times I've been hassled for a search they had no reason to pull me over at all and then intentionally wasted over half an hour of my time because I stood on my rights of not consenting to a random warrantless search. Respect is earned not just given.
The answer is NO.
I love that shirt, Tom! What brand is it?
As a police officer we were taught you can only search the immediate area around the driver, the area within reach of the driver. While the officer is searching that area and they see something illegal in plain view i.e. weapons, drugs, paraphernalia, etc, then they can retrieve that illegal item and charge you for it. Herr is where it gets good, your vehicle will be searched upon you arrest as part of the vehicle inventory done prior to it being impounded. Then the driver can be charged with anything found to be illegal. Now back to searching the immediate area around the driver, if there is a locked box under you seat, it cannot be opened or searched without consent or warrant. There is verbal consent which the driver can give, or the driver can sign a consent form, but the driver has the right to watch the search and can stop the search at anytime. If it is a warrant authorized by a judge, the driver has no say to the extent of the search. If the police have good probably cause, they can call a judge and get a telephonic search warrant approved and search your vehicle. If a drug dog gets a hit on the outside of your vehicle, that is probable cause that the officer needs to search your car. I always keep my insurance, vehicle registration on the visor, and my drivers license immediately accessible, so when the officer walks up to my window, I hand it all to them without fumbling around like a complete idiot. If I am carrying a firearm, which I always do, I hand the office my concealed weapon permit and tell them where my firearm is. Remember, you are required by law to give a police officer your issued driver's license, the driver's license is the property of the state of issuance and not the person it is issued to. So if you refuse to give the officer your license, prepare to be removed from the car and cited for interfering with official process and every other ticket the officer wants to write you for trying to hold court on the side of the road. Most officers wear a body cam, that will be evidence in court, plus it's available to whoever wants it under the open records act... like your employer, ex spouse, insurance company, etc. So it's always best to obey the law and if you break the law, be polite and take the ticket, fighting the ticket is what the courts are for.
You said if they see something that’s illegal in plain view and said a weapon or drugs. So your mindset is to compare a perfectly legal firearm in a vehicle as illegal like drugs?
If a weapon is in plain view it is not assumed to be illegal, but the officer may hold it until the end of the stop for the officer's safety.
@@jefftutor9665That’s not what he said. He was clear, “ see something illegal, like weapons or drugs”. So in his eyes a firearm, knife, or baseball bat(all can be used as a weapon) is illegal.
Good info
Thanks for the info!
If it is incident to arrest yes .
You should've explained how and why things could get worse because you pushed back on a search.
What about a 5th wheel, that is not an "RV" ?
Thanks for making that as clear as MUD. 😅 lol
Any variability within US states?
Laws can vary from state to state, so it's always a good idea to research the particular state you're in.
There are many federal laws too. And in most states the state DNR have federal powers as well as state. So park rangers etc have more ways to act.
Also for those with weapons, there are laws protecting you from over zealous states like Illinois where they cannot arrest you or take your guns if you are traveling through that state. Best thing in that case it to just go through the state and don't stop there. Get gas etc before entering the state and wait to stop for anything until through that state.
Civil asset forfurter missed this one... look it up
Walter White and Jesse Pinkman made Hank get a warrant for their rolling methlab. Clearly that's the legal standard.
😂😂😂
😂
Awesome topic, thanks for this video!👌
We only THINK there are laws that protect us. Cognitive dissonance.
6:50 Same as if Your in a Car? Exercise Your 5th, and 6th Amendment. Tell Officers Your Invoking Your 1st, 4th, 5th, and 6th Amendments Rights Recognized by The Constitution of The USA 🇺🇸. Don’t answer their Questions, You Record, and Ask Them the questions.
If ur following the law u have nothing to worry about... answer questions... be respectful.. be an adult!!
Wish that it worked that way. Too many crooked cops.
Be a sheep! Baaa
Most police officer's are good people doing a tough job. They are trained well to do the job. Media has done a number on the profession to villanize officers. It's a damn shame. You don't have to consent to a search. If the officer has probable cause, they will get a search warrant. There is an impound search incident to arrest. And there can be a search without a warrant for exigent circumstances i.e. life or death or destruction of evidence. Most stops are minor traffic offenses and it is best to be friendly.
How can I help you....I have nothing to hide... come on in, I will fix a cup of coffee
So bottom line is, comply?
Comply or get beaten up now or in court or both. Your choice.
Beat😮up innocent people is against the law. Don’t answer questions beyond name etc. video everything. Lawyer can find evidence in most videos. Remember, most LE don’t have a clue about the law, and usually make mistakes. There are thousands of videos proving this on RUclips.
Anyone that thinks the second amendment is about a gun or a gun but.. is not very smart and should not be talking stupid about the 4th amendment