msmith1199 wrote:
et2 wrote:
gemert wrote:
I do not believe that an officer has a right to enter your MH to look around the driver's area anymore than they could go over to the passenger side and get in your car with you. Everyone has the right to look in your windows anytime they want to if not on private property, including LEOs. Thats where we get our authority, in other wards none, on a traffic stop, it's open to plain view anyway. Also I ask drivers all the time if they have anything illegal in their car? When they say no, I say "then you won't mind if I search it, right?" I'm fishing! If I saw something illegal I would search whether you wanted me to or not. Believe it or not, some answer yes to that question. When I go on to search, about 90% of the time I find illegal drugs. Now having said this, I don't ask Mom and Dad with the kids heading to Church on Sunday morning! I ask if I already have a suspicion or call it a gut feeling. If they say no, then I go about my business. They will screw up again. In 35 years I've developed a pretty good "Spidy Sense"! Everybody does something to get pulled over for within a mile or two. I can legally stop just about anyone, any time if I want. Notice I said legally. When my Spidy sense goes off, it's for a good reason and I am rarely wrong. Bottom line is that most LEOs don't want to bother law abiding folks going about their business. If I do stop and you have a crappy attitude, you arouse my competitive spirit! If you have a good attitude I'd rather be at Duncan Donuts!!
Here is the very problem I have. One, I now understand which is the best procedure for the basic stop and what to expect. However, you would be pulling me over for a traffic violation or a equipment issue. I can most certainly assure you there is nothing illegal in my vehicle or anything about me. But I don't need to prove that to any LEO first. I certainly hope I'm being pulled over for some legitamate reason.So let's get that established and the basis for my rights in this country.
Then comes the issue were the LEO claims he can legally pull you over (above post) for any reason "he feels appropiate". So there is the issue, they already feel you are a target for something they have no idea at the time. Now, if your a nice person ( which I'am) you might invite them up the step to get out of the rain or road. This in my opinion gives them a reason to visually snoop and see what's up, unknown by you they want to search you to please their spider sense no matter what, it seems you will be asked.
Thus the reason I will never invite one into my MH or willingly allow them to search it. What happens after that discussion is totally up to the officer and subject to legal ramifications in the court if not done correctly. Things can be planted and you have no control over it.
I would assume and believe it's mandatory a officer needs to tell you why you being stopped. If you're going to be detained you need to be told why. My dash cam will be recording the whole thing.
I think you're arguing different points. An officer can always ask for permission to search. My answer would be, no thanks, I'd rather not have my motorhome searched. Now hopefully, assuming the officer was just asking me at random, he'll say no problem and not search. And as already mentioned, I'm a retired cop. Still doesn't mean I'd like to have my things searched. Also it may depend on why. If they asked to search and I asked why and they told me they were looking for an escaped convicted from the local prison, I'd probably go ahead and let them look through for a person. That's because if you said no there's a really good chance they may assign somebody to follow you and I don't want to force them to waste resources if they're really looking for an escaped prisoner.
Not really. It just confirms to me many LEO's consider your rights as secondary compared to their feelings and their interpretation of the law. Feelings shouldn't trump anyone's rights. My original question was what the ramifications would be being a nice guy and letting them step inside without them even asking to search. No big deal, I have my answer and we can proceed with the stop and them being outside where they belong.
What happens from there is up to them and how far they plan to take it. I'll ask at first contact the reason being pulled over.