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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 820
Location: Furiously rubbing two sticks together!!
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 Posted: Fri Mar 21, 2008 10:22 am Post subject: Apartment and Motor Home questions |
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Does the process of gaining entry into either differ from that of a actual house?
Wondering if you have your life belongings in a motor home, would an leo need a warrant or would this be subject to the same treatment as any other transportation device?
What about apartments or rentals? Can LE just have your landlord open up? Or is possession of property more important here than ownership?
Should tactics remain the same in these cases? |
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limburger
Antiprohibitionist
Joined: 05 Mar 2008
Posts: 38
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| Posted: Fri Mar 21, 2008 10:33 am Post subject: |
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From what I know of any residence be it an apartment, house, or trialer home are all subject to the same rules.
I know where I live right now that the landlord is required to give a 24 hour notice before showing up for anything besides an emergency i.e. flames shooting out my window?
I'm not 100 percent sure though socrateez, but it was my understanding that regardless where you live you are under the same rules with gaining entry. Anyone else know? |
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FZRaven
Atheist, Philosopher, Animal, Human
Joined: 07 Aug 2007
Posts: 269
Location: Vermont
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| Posted: Fri Mar 21, 2008 11:05 am Post subject: |
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| The key here is motor home, which would fall under the same laws that apply to all motor vehicles. |
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OnTheBorder
Antiprohibitionist
Joined: 21 Jul 2007
Posts: 42
Location: Inside the checkpoints, along the Rio Grande
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| Posted: Sat Mar 22, 2008 9:39 am Post subject: |
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| Quote: | | The key here is motor home, which would fall under the same laws that apply to all motor vehicles. |
Actually, it varies from state to state. Some treat it as a motor vehicle in it's entirety, while others treat everything BEHIND the operator's seat as a private home. |
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Bongzilla
Stoned On The Mountain
Joined: 03 Oct 2007
Posts: 243
Location: Mountains in E Oregon
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| Posted: Sat Mar 22, 2008 2:32 pm Post subject: |
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| OnTheBorder wrote: | | Quote: | | The key here is motor home, which would fall under the same laws that apply to all motor vehicles. |
Actually, it varies from state to state. Some treat it as a motor vehicle in it's entirety, while others treat everything BEHIND the operator's seat as a private home. |
Yes Border, you're right, other states can only search what is within the drivers' immediate reach... without probable cause. |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 820
Location: Furiously rubbing two sticks together!!
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| Posted: Sat Mar 22, 2008 3:14 pm Post subject: |
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| Would same apply transporting your "home" in a uhaul or semi? Trailer homes I can see treated separately. |
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Bongzilla
Stoned On The Mountain
Joined: 03 Oct 2007
Posts: 243
Location: Mountains in E Oregon
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| Posted: Sat Mar 22, 2008 3:51 pm Post subject: |
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| Semis I know very well, there are very few places and times a household goods mover is going to be bothered, or any other truck for that matter. If you're planning a move this is your best bet. I'm sure you're familiar with the concept of non-contaminated packaging. Put it in a box marked "Fragile" and "Top Load Only", As long as you're using an established national carrier you are 99.99999% in the clear this way. |
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narcdet
Civil Libertarian
Joined: 21 Aug 2007
Posts: 100
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| Posted: Sat Mar 22, 2008 4:10 pm Post subject: |
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| Concerning an apartment, hotel room, etc. If you have rented the room, or are a legal occupant of the hotel room, it is treated as if it were your home and the same probable cause/search warrant rules apply. The police cannot force the landlord or motel manager to open your door for them without a warrant. They also cannot ask the motel manager to go into your room and "take a quick look around" and tell them what they see. If they do that they are making the manager an agent of the state and again, they would need a warrant. However, if the cleaning crew is in your room and sees drugs, guns, paraphernalia etc. and calls the police the police can secure your room until they get a warrant based on what the cleaning crew found. |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 820
Location: Furiously rubbing two sticks together!!
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| Posted: Sat Mar 22, 2008 5:38 pm Post subject: |
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Thanks Narcdet! That clarifies some things. Good to know about apartment maintenance entering.  |
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