Booze in the RV... Legal?
First know I have no intention of drinking and driving with this question. But... What if you have some beer in your fridge while you move from one place to another? Or let's say even a passenger i...
Forum Discussion
I do not want this taken the wrong way. I left myself open when I posted in the first place, and honestly, I am surprised it took a few posts before it happened. With that being said, if I had a dime for every time someone found out I was a cop, and then proceeded to tell me about their bad cop story, I wouldn't have to work anymore.
I can't, and won't defend any police officer who knowingly or unknowingly violates someone's constitutional rights. It is our job to know what we can, and can't do. When I hired on years ago, I took an oath to uphold, and protect the Constitution of the United States. So in my mind, there is no acceptable reason or excuse for any violation.
Short of exigent circumstances, something illegal in plain view or some very narrow exceptions, consent to search from the owner of the vehicle or a search warrant is required. Even if I saw something in plain view, I would, and have only recover/recovered said item. Then I would, and have obtain/obtained a search warrant, based on probable cause, for the rest of the vehicle.
Any evidence obtained in an illegal or unconstitutional search is fruit of the poisonous tree, and is therefore not admissible in court. A lawyer may be necessary to argue this fact, but this is the fact none the less.
So again, I would not allow anyone to consume alcohol while I was driving, and/or while the vehicle was in motion. Legal or not, that would be my rule. I would also be sure that no open containers are in plain view. Open, and capped bottles in the cupboards, fridge or other storage areas are not in plain view.
Lastly, even being a police officer, and having nothing to hide, I would not allow another police officer to search without my consent. He or she can obtain a warrant. It is not about cooperating. It is not about the brotherhood I feel with other police officers. It is about my constitutional rights.
Enjoy, and happy camping,
Jeff
I can't, and won't defend any police officer who knowingly or unknowingly violates someone's constitutional rights. It is our job to know what we can, and can't do. When I hired on years ago, I took an oath to uphold, and protect the Constitution of the United States. So in my mind, there is no acceptable reason or excuse for any violation.
Short of exigent circumstances, something illegal in plain view or some very narrow exceptions, consent to search from the owner of the vehicle or a search warrant is required. Even if I saw something in plain view, I would, and have only recover/recovered said item. Then I would, and have obtain/obtained a search warrant, based on probable cause, for the rest of the vehicle.
Any evidence obtained in an illegal or unconstitutional search is fruit of the poisonous tree, and is therefore not admissible in court. A lawyer may be necessary to argue this fact, but this is the fact none the less.
So again, I would not allow anyone to consume alcohol while I was driving, and/or while the vehicle was in motion. Legal or not, that would be my rule. I would also be sure that no open containers are in plain view. Open, and capped bottles in the cupboards, fridge or other storage areas are not in plain view.
Lastly, even being a police officer, and having nothing to hide, I would not allow another police officer to search without my consent. He or she can obtain a warrant. It is not about cooperating. It is not about the brotherhood I feel with other police officers. It is about my constitutional rights.
Enjoy, and happy camping,
Jeff
