Washington Supreme Court Affirms Lower Court Rulings on Towing House Vehicles

[jacqueg]

Good news. 

Please note that your vehicle can still be towed if you are violating a parking ordinance. But what CAN'T happen is that the fines/tow fees can't be more than you can afford. What this really does is remove the towing company's incentive for towing in the first place.

https://www.seattletimes.com/seattl...ds-ruling-that-homeless-mans-truck-is-a-home/

It will be interesting to see how Washington's cities respond to this. For instance, I could see a city charging you what you can afford and then picking up the difference. But why would they?

I don't know how many states have a law like Washington's - that the state cannot forcibly seize/sell your home.

 

[TravelingZombies]

According to the 4th amendment of the constitution your house cannot be taken from you, searched, seized etc. If a person is living out of their vehicle then by definition it is their home.
That's also why police need a warrant in order to search your vehicle unless you give them verbal permission.

 

[jacqueg]

According to the 4th amendment of the constitution your house cannot be taken from you, searched, seized etc. If a person is living out of their vehicle then by definition it is their home.
That's also why police need a warrant in order to search your vehicle unless you give them verbal permission.

I know, it seems like common sense to me too, but apparently, legally, it's not. Or we wouldn't be seeing what we're seeing.

 

[TravelingZombies]

Washington state isn't known for informing you of your rights. Wife and I live in Bremerton and exercises our 1st and 14th amendment rights by doing first amendment audits and organized a free the nipple protest in 2016 as well as going to the city's prosecutor office and begged them to press charges. They declined and agreed that the laws are poorly written.

 

[tradesman]

When on public roads, lands etc. there is a less expectation of privacy and police can search your vehicle without your permission if they have probable cause.

The attached two articles explain it:

https://law.justia.com/constitution/us/amendment-04/16-vehicular-searches.html

http://www.marxrv.com/skp/4thamendment.htm

 

[rvwandering]

I've deleted a couple of posts. Please comment on the topic only and lay off on any snarky comments.

 

[john*thomas]

i'm glad to see this ruling.

 

[Weight]

A narrow decision in Washington State. Only applies to Washington State. Only cites a specific Washington State Act. And is subject to many more legal appeals in higher courts. Too providential for me.

 

[desert_sailing]

And for those of us who live in Washington State, we appreciate the ruling no matter how narrow of a margin....
 Thank you jacqueg for keeping us here in Washington informed about  changes that apply to us.