I’m trying to get extra credit in my Criminal Justice class. Could you please tell me if a "vehicle stop" and all it entails applies to motor homes? A "yes" or "no", with some detail or explanation. Thank you so much.
Look up case law on motor homes. I remember reading a decision once that said a motor home, while driving is a vehicle, but if it is parked and set up as a living quarters then the court views it as a "house" and therefore the same protection under the 4th amendment. However, if its a vehicle those protections don’t exist. An example would be if the motor home gets pulled over and the officer smells marijuana, then he/she could search, without a warrant, the moble home for the weed. However, if it was set up at a camp sight, and the officer smells marijuana, that same "home" is protected, and the officer would need a warrant to enter the motor home to search.
Jul
28
Filed under: motor home
if you mean a travel trailer/camper style vehicle such as a winnobego or tour bus style vehicle yes vehicle stops do apply, because they are vehicles not homes. they are required to have all the same equipment as a car/truck, just cause you can live in them doesn’t mean they are exempt. However, it would make an interesting case if someone searched one, located drugs and convicted the owner/driver to see if they could argue that it is there home therefore they have more rights when it comes to search and seizure. A good case to this would be Willy Nelson recently was stopped on I-10 in Lafayette LA and they were charged with possession of marijuana
References :
20 years on the beat
I would think that it would be. It has a license plate, and a driver with a driver’s license (hopfully!).
I don’t know what you mean by "all it entails". I’m sure motor homes can be cited for things vehicles don’t have, such as the right size mirrors, the right lights at night, your toilet dumping on the highway, etc.
As far as a regular traffic stop..yes they are the same. Still have to follow the speed limit, obey traffic signs, etc.
edit..
Just talked to my Sergeant. In Texas, motor homes (such as RVs, 5th wheels, pop ups, etc.) are treated as vehicles therefore anything an officer can do with a vehicle, they can do with a motor home. This does not include manufactured homes (single wide, double wide etc.) with wheels that are in a semi-fixed location.
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9-1-1 dispatcher
Yes, if it has all the characteristics of a vehicle with the exception of the bed area at the rear. In a nutshell if it is powered by a motor then it’s a motor vehicle. Every motor vehicle has it’s own set of guidelines depending on it’s type.
References :
Look up case law on motor homes. I remember reading a decision once that said a motor home, while driving is a vehicle, but if it is parked and set up as a living quarters then the court views it as a "house" and therefore the same protection under the 4th amendment. However, if its a vehicle those protections don’t exist. An example would be if the motor home gets pulled over and the officer smells marijuana, then he/she could search, without a warrant, the moble home for the weed. However, if it was set up at a camp sight, and the officer smells marijuana, that same "home" is protected, and the officer would need a warrant to enter the motor home to search.
References :
police officer 8 yrs.