Can Police Search Your RV Without a Warrant?

[Gypsyjoe#1]

Any time you are dealing with law enforcement you should be recording the incedent.

 

[scaredycat72]

Yep. I was a paralegal for prosecutors and then for defense attorneys. On the streets, cops are prosecutor, judge and jury. Without video evidence of the entire encounter or other cops to stop them, they can almost do whatever they want. All a person can do is file a complaint, usually with the police department (complain about the police to the police), challenge the stop/arrest in court (video evidence or hope they did something wrong in writing), or sue (tangible evidence and money or a news worthy case). Basically people are screwed. I think if people really understood how few rights they actually have in everyday encounters with law enforcement, they would be terrified. Thankfully most cops try to be ok.

 

[metaglypto]

And also if the K9 "alerts".

Spray the underside of the vehicle with pepper spray prior to entering inspection area.

 

[scaredycat72]

Spray the underside of the vehicle with pepper spray prior to entering inspection area.

Who has that much pepper spray and how would that work? See the police up ahead, pull over, grab your fire extinguisher size container of pepper spray, start spraying the underside of your vehicle with eyes burning and watering, nose running, and unable to breathe from the blow back of the spray, finally finish, get back in your car, drive to the stop, wait in line for your turn, and casually say "Hi officer," hoping your red, watering eyes, running nose, and red face doesn't look suspicious?

 

[Ripper238]

I was pulled over once and they asked if they could search my vehicle. They used the same stupid line.....it you have nothing to hide, why not agree to a search. I responded, will you allow me to search your cop car while you search mine? He said No! I said, if you have nothing to hide then why not? In some states, they are not allowed to delay you beyond the time it takes for a basic stop. If they keep you there for 30 minutes waiting for canines to show up, that is too long and I would file a complaint. I also don't like the cop who thinks its his job to lecture me on driving. When he starts in with a lecture I stop him and ask him if he is going to give me a ticket. If he is only going to give me a warning, talk on. If you are going to issue me a ticket, I tell them to stop talking and give me the ticket.

I respect the law and if I am speeding, then I get what I deserve. If I run into a power-hungry cop, my cell phone goes on record mode and put them on notice. It's their job and I understand it, but driving down the road does not mean I am willing to give up any rights.

I believe this is in all states, but as we know cops can make up a ton of stuff to keep you longer. This is where knowing why they pulled you over initially is important and should be the focus. I have been pulled over with plate covers but they tried to engage about my window tint so i had to redirect them back to the plate cover and actual reason they pulled me over.

I was also pulled over once for too many fog lights and the cop asked if he could search my vehicle. I told him "NO" and followed with "there was no need to waist both his and my time". He wrote his ticket for "dazzling lights" and let me go.

https://www.findlaw.com/legalblogs/criminal-defense/how-long-is-too-long-for-a-traffic-stop/

 

[JeepLiving]

Having been a consistent viewer of the "Audit the Audit" channel on YouTube, I've learned quite a lot about LEO behavior and how to deal with them when approached. It's not legal advice per se, but they provide a lot of case law to explain various situations.

First lesson: Record. Record. Record. Keep your dash cam on. Use your cell phone video recorder. Don't hide the fact you are recording. Hopefully they will have active body cams as well and you will have access to this later if needed.
Second lesson: Don't say any more than you absolutely have to. The 5th Amendment exists for a reason and should be employed by more people when involved in a police encounter. Staying silent isn't enough, though. You have to actually inform them that you are choosing not to answer questions as per your rights. Also, the cop who comes on all friendly and jovial is not your friend. If they pulled you over, they are looking to make a bust and "friendliness" is just one technique they employ to get you to lower your guard. Same with intimidation and flat out lying, which they are permitted to do.
Third lesson: Never give permission to search your vehicle. The 4th Amendment also exists for a reason. LEO are allowed to ask to search, but they may not unless you agree OR they have probable cause. They may not extend a traffic stop for an "unreasonable" length of time in order to wait for a dog. "Unreasonable" isn't always clearly defined, but 20-ish minutes seems to be a commonly accepted limit.
Fourth lesson: Know when to cede to their demands, even you feel you are being mistreated. Stay calm and inoffensive. Never physically resist even if you believe their actions are unlawful. Be on your best behavior and then follow-up with a formal complaint and possibly legal action. Fight them in court, not at the scene. If you suspect a traffic stop or other encounter has crossed a line, seek legal advice and initiate a complaint and possibly a civil rights lawsuit. Who knows? An unpleasant and inconvenient encounter with a badly behaving LEO could end up funding your nomad life for the next five years.

 

[JDub]

Honestly, I'm simply never concerned about an LE stop.. Got nothing to hide, don't smoke (at all), do wacky pills, magic shrooms, needles, Nada. I don't D&D, carry unlawful weapons (Bama just this week passed Constitutional Carry - starting 1 Jan 23), contraband ( maybe some dirty underwear...) etc etc. Never been stopped outside of 3 tickets over a lifetime that I deserved to get. Being retired mil helps in getting along w LEO's I've noticed since so many are themselves or are NG or reserves. They're people just like us, some act as if they were abused children, but that applies to the general populace as well. What's that line in "Roadhouse"? "Be nice". The not nice should take place in a court of law, NOT on the pavement...

Cheers!

 

[vtwinkicker]

Lehto's Law on youtube. Watch this about searching vehicle. One of the comments went something like this...In Tennessee the word no smells like weed. LOL

 

[bpdchief]

Honestly, I'm simply never concerned about an LE stop.. Got nothing to hide, don't smoke (at all), do wacky pills, magic shrooms, needles, Nada. I don't D&D, carry unlawful weapons (Bama just this week passed Constitutional Carry - starting 1 Jan 23), contraband ( maybe some dirty underwear...) etc etc. Never been stopped outside of 3 tickets over a lifetime that I deserved to get. Being retired mil helps in getting along w LEO's I've noticed since so many are themselves or are NG or reserves. They're people just like us, some act as if they were abused children, but that applies to the general populace as well. What's that line in "Roadhouse"? "Be nice". The not nice should take place in a court of law, NOT on the pavement...

Cheers!

You are right JDub, I used to tell my Police Officers - " Be nice, until it's time to not be nice... I'll tell you when that is ". People don't realize or accept that LEO's are just folks trying to do their job and go home safe at the end of the day. Your attitude directly affects our attitude - we try to remain professional and most accomplish that, however, there are times....

 

[Freelander]

Sadly a lot of LEO's have to approach a traffic stop as if there is a some dangerous person behind the wheel. These days you just never know. I always try to to as honest as I can and done give the LEO any reason to take the stop to another level.

 

[RVTravel]

some leo's are crooks..the ones stealing peoples property in some traffic stops

 

[Frood]

Spray the underside of the vehicle with pepper spray prior to entering inspection area.

I wonder if that spray you use to discourage rats and rodents from chewing your wires and making nests in your engine compartment would discourage k9s or set them off...

 

[Ripper238]

The talk of spray to hide smells reminds me of this scene from the movie Mule:

 

[bpdchief]

some leo's are crooks..the ones stealing peoples property in some traffic stops

Yes some are, but, let's not paint with too broad a brush... in ANY dept. you can figure on 10% being crooked in one way or another... we do our best to police our own (internal affairs division, civilian oversite), but, "you never catch every fish in the pond".

 

[Freelander]

The little town I was living in, in Oklahoma had a city cop that was molesting little girls. I wouldn't want to be him in prison, first he's gonna get whipped for being a cop and second he's going to be whipped for being a pervert. The Judge threw the book at him 45 years.

 

[BelgianPup]

Do you look around while you're driving? Do you notice all of the idiots on the road? They're speeding, weaving through traffic, tailgating, driving slow while texting, have a cup of coffee in one hand and a cigarette in the other, can't seem to stay evenly between the lines, giving other drivers the finger, speeding, then slowing repeatedly, etc, etc, etc.

Drive like a responsible person instead of an idiot, and you'll see far fewer flashing lights behind you.

 

[Freelander]

The topic of RV carry comes up at about 20:20 in the video.

 

[Sofisintown]

I had my car searched going in and coming back from Canada.

 

[sithigh]

Do you look around while you're driving? Do you notice all of the idiots on the road? They're speeding, weaving through traffic, tailgating, driving slow while texting, have a cup of coffee in one hand and a cigarette in the other, can't seem to stay evenly between the lines, giving other drivers the finger, speeding, then slowing repeatedly, etc, etc, etc.

Drive like a responsible person instead of an idiot, and you'll see far fewer flashing lights behind you.

AND always show respect for police by not crowding them when they stop someone else and practice doing it all completely right for the few minutes they actually look at you. You can be sloppy later.