| Re: [GMCnet] Security: Hardening your GMC [message #140733] |
Wed, 24 August 2011 00:29  |
Richard Brown
Messages: 281
Registered: May 2009
Karma: 1
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I don't know if the Castle Doctrine applies unless it's parked & it's your primary residence.(Full-timer) Even then, it's a grey area. The only info I've heard that makes sense is if it's on property you own or rent, is plugged into a meter pole that only hooks to it, and has water & sewer hooked to an outside source, kind of like a mobile home then Castle Doctrine applies. I assume that on the road car rules apply. I'd ask the lawyer that posts here for an opinion I'm thinking that it would be costly to go to court if arrested since I'm not sure if there has been precedence set yet..
Richard & Carol Brown
1974 Eleganza SE
"DILLIGAF"
Lindale, Tx. 75771
903-881-0192
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Richard & Carol Brown
1974 Eleganza SE
1174 Hickory Hills Dr.
Murchison, TX. 75778
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| Re: [GMCnet] Security: Hardening your GMC [message #140736 is a reply to message #140733] |
Wed, 24 August 2011 01:21  |
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USAussie
Messages: 15912
Registered: July 2007
Location: Sydney, Australia
Karma: 6
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Senior Member |
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G'day,
I had never heard of the Castle Doctrine so I Googled it and learned something!
I then got to thinking about how Police Officers are routinely drug over the coals when they shoot and/or kill a miscreant.
That brought "graduated response" to mind and I did a Google search and found this:
http://www.useofforce.us/
It is a VERY informative discussion about this.
Once again I would like to note that I'm NOT against shooting some miscreant that breaks into someone's home; however, I would want
to make damn sure that I didn't wind up in more trouble than the miscreant!
Affirming that "I was in fear for my life" if the miscreant is 5' 6" and 150 lbs carrying a pocket knife versus Rob at 6'2" shooting
him when he's beyond his reach to cut me with a double barreled shotgun loaded with double 00 buck might raise questions about me
"being in fear for my life."
Regards,
Rob M.
Sydney, Australia
-----Original Message-----
From: Richard Brown
I don't know if the Castle Doctrine applies unless it's parked & it's your primary residence.(Full-timer) Even then, it's a grey
area. The only info I've heard that makes sense is if it's on property you own or rent, is plugged into a meter pole that only hooks
to it, and has water & sewer hooked to an outside source, kind of like a mobile home then Castle Doctrine applies. I assume that on
the road car rules apply. I'd ask the lawyer that posts here for an opinion I'm thinking that it would be costly to go to court if
arrested since I'm not sure if there has been precedence set yet..
Richard
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Regards,
Rob M. (USAussie)
The Pedantic Mechanic
Sydney, Australia
'75 Avion - AUS - The Blue Streak TZE365V100428
'75 Avion - USA - Double Trouble TZE365V100426
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| Re: [GMCnet] Security: Hardening your GMC [message #140759 is a reply to message #140733] |
Wed, 24 August 2011 07:36 |
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Matt Colie
Messages: 8547
Registered: March 2007
Location: S.E. Michigan
Karma: 7
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Senior Member |
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| Richard Brown wrote on Wed, 24 August 2011 01:29 |
I don't know if the Castle Doctrine applies unless it's parked & it's your primary residence.(Full-timer) Even then, it's a grey area. The only info I've heard that makes sense is if it's on property you own or rent, is plugged into a meter pole that only hooks to it, and has water & sewer hooked to an outside source, kind of like a mobile home then Castle Doctrine applies. I assume that on the road car rules apply. I'd ask the lawyer that posts here for an opinion I'm thinking that it would be costly to go to court if arrested since I'm not sure if there has been precedence set yet..
Richard & Carol Brown
1974 Eleganza SE
"DILLIGAF"
Lindale, Tx. 75771
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Larry,
In as much as it is federal court opinion that the only part of a motorhome that is a vehicle is the cab area, I would expect that the Castle Doctrines that do stand would use that division. As the part that is residence is not vehicle, it is not subject to the "Probable Cause" or "Safety of Officers" breaches of the forth amendment to the Constitution that have been forced. This is why the ICE inspectors at points of entry (or any LEO for that matter) look in the door and windows of the coach but should not enter without a warrant or invitation to do so. The Coast Guard does not have this restriction because they are concerned with the seaworthiness of the entire vessel and have very limited law enforcement or arrest powers.
Matt
Matt & Mary Colie - Chaumière -'73 Glacier 23 - Members GMCMI, GMCGL, GMCES
Electronically Controlled Quiet Engine Cooling Fan with OE Rear Drum Brakes with Applied Control Arms
SE Michigan - Near DTW - Twixt A2 and Detroit
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| Re: [GMCnet] Security: Hardening your GMC [message #140779 is a reply to message #140759] |
Wed, 24 August 2011 09:43 |
Marsha
Messages: 144
Registered: February 2011
Karma: 0
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Senior Member |
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According to my husband's best friend (an attorney in Kansas and Missouri), castle doctrine is defined by the state. In Missouri the castle doctrine extends all the way to my vehicle, including my motorcycle, as long as I am sitting on it. In Kansas in only includes my house and the house part of an RV when it is parked for habitation. Hopefully Robin will chime in on this subject.
Marsha
75 Eleganza
currently tracking vacuum hoses
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