| Re: [GMCnet] GMCMI (International) rallies mapped out [message #313632 is a reply to message #313627] |
Wed, 22 February 2017 11:06   |
Keith V
Messages: 2337
Registered: March 2008
Location: Mounds View,MN
Karma: 0
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Senior Member |
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Matt,
I just looked up the ruling on motorhomes and search warrants.
It looks to me like the ruling was that a motorhome is considered a vehicle and subject to the automobile exception unless on blocks, attached to utilities etc.
Do you have contradicting information?
Keith
http://www.marxrv.com/skp/4thamendment.htm
https://en.wikipedia.org/wiki/Motor_vehicle_exception
[http://upload.wikimedia.org/wikipedia/commons/thumb/1/1c/SF_Police_search_the_car.jpg/250px-SF_Police_search_the_car.jpg]
Motor vehicle exception - Wikipedia
en.wikipedia.org
The motor vehicle exception is a legal rule in the United States which allows the search of a motor vehicle without the search warrant normally required by the Fourth ...
RVers and the 4th Amendment - marxrv.com
www.marxrv.com
Home is where you park it! I've said it dozens of times, and I truly do believe it. My RV is my home, as surely as my house was before I sold it and hit the road.
________________________________
From: Gmclist on behalf of Matt Colie
Sent: Wednesday, February 22, 2017 9:36:35 AM
To: gmclist@list.gmcnet.org
Subject: Re: [GMCnet] GMCMI (International) rallies mapped out
Carl S. wrote on Tue, 21 February 2017 17:06
> Matt,
>
> No need to completely write off California. When my daughter lived there a few years ago, we found some very reasonable places to camp with full
> hookups even. Oak Park in Venture county only cost us $25.00/night (now $31.00). We stayed at River Park in Lompoc, for $20.00/night (now $30.00).
> Reasonable places can be had. I guess you don't want to do anything illegal, but I don't see how they can enforce their laws on weapons and ammo.
> Unless you are stopped and searched (unlikely) you can probably sail right through the state with whatever you have stashed in your coach.
>
> No need to go to CA though, the Southwest has a lot to offer. Arizona has elevations ranging from 140' to over 12,000' with desert, and tall pine
> and fir trees and everything in between. Utah has some of the most beautiful scenery in the world (as does AZ) Nevada and New Mexico also have a
> lot to offer. If you come to Tucson, you will start out at about 2300' and can drive to the top of Mt Lemmon, at over 9,000', in about an hour and
> cross through 5 climate zones from lowland desert to alpine forest.
Carl,
The plan was specifically a PCH tour that Mary has on her list. To add to the interest was getting to meet the boat builder friends in Port Townsend,
making the matches in Idaho and South Dakota. That last part of the schedule would be tight.
What is very scary to me is that an acquaintance was in California before Prop 63 and the blivet of new laws. He was pulled over by CHP officers.
They soon had a small army of officers that behaved like they had brown shirts and jack-boots in his motorhome. There was no respect for his
constitutional rights at all. He is on record as having a CCW in his state of residence. (He is an "Asset Recovery Officer" aka Repo Man.) That is
in the NCIC data base. While the pretense for stopping him was a defective taillight. (That turned out to be operational.) As that vehicle was
registered out of state and he was presumed to be carrying weapons they demanded that they be allowed to search the entire vehicle. I guess that they
hadn't heard of SCOTUS ruling that a motorhome is only a vehicle where the vehicle functions take place, the rest is domicile and so covered under the
4th amendment rights. He was not carrying anything, but he got left by the roadside with a coach that was undriveable. In parting, they did offer to
site him with something so that they could have the coach towed off the roadway if he and his wife could not re-stow and reassemble enough to drive it
off the road in short order.
While I am aware that what I have may not be the entire story. The individual reporting it used to be very positive about relocating to California
and no longer is.
If we do attempt this excursion, I will have at least one lawyer on speed dial.
Matt
--
Matt & Mary Colie - '73 Glacier 23 - Members GMCMI, GMCGL, GMCES
Still Loving OE Rear Drum Brakes with Applied Control Arms
SE Michigan - Twixt A2 and Detroit
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Keith Vasilakes
Mounds View. MN
75 ex Royale GMC
ask me about MicroLevel
Cell, 763-732-3419
My427v8@hotmail.com
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| Re: GMCMI (International) rallies mapped out [message #313634 is a reply to message #313223] |
Wed, 22 February 2017 11:53 |
lqqkatjon
Messages: 2324
Registered: October 2010
Location: St. Cloud, MN
Karma: 5
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Senior Member |
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I need to re-read the postings. so I apologize if I missed something.
my research, has told me that all laws very state to state. In MN, as soon as you drive the motorhome on the road, it is now considered a vehicle and no longer a home, and vehicle laws prevail. I have been told that if you are parked, not on public roadways, or area, like your home, or in a private campground, then they would need a warrant. Most of my research and discussions was with lawyers and law enforcement here, is in regards to alcohol use inside the motorhome, as i like to use my motorhome as a party bus. I am told I can as a sober driver be arrested and convicted of open containers. However chances of that happening is very very slim. It also depends on who you and where you are at.
I would be curious if there was more to it.
Jon Roche
75 palm beach
EBL EFI, manny headers, Micro Level, rebuilt most of coach now.
St. Cloud, MN
http://lqqkatjon.blogspot.com/
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