Trouble with California
Ag. Check points;we all know understand and tolerate them,never a problem. Couple of weeks ago we were heade to redwood. National forest from Grants Pas Oregon. Ag check ahead, ok I fall into line ...
Forum Discussion
am1958 wrote:Yosemite Sam1 wrote:am1958 wrote:Yosemite Sam1 wrote:
And people, there is such thing as "motor vehicle exception", and that includes RVs and trailers (being pulled by semis) first established by the Supreme Court in 1925 that motor vehicles can be subject to warrantless search. You in effect impliedly waived your rights to be searched without warrant upon purchase of the vehicle.
Your statement is only partially true though isn't it. You conveniently left out the bit _requiring_ the officer to have probable cause and said probable cause is reliant upon RAS, (Reasonable, Articulable Suspicion). Thus the officer needs to be able to explain to you why he intends to search and that explanation must be "reasonable".
Tell me which of these can't be checked in the box of probably cause for OP's RV inspection:
1. Passing by a state with insect or agricultural virus infestation.
2. Insect hitch-hikers.
3. Fruits, vegetable, plant, soil, fungus, non native aquatic species, infected wood, firewood from infected tree species...
4. Wildlife products banned in the state.
You're being horribly disingenuous aren't you?
You started by saying that the Supremes said that vehicles are fair game for warrentless searches back in 1925 while setting aside the absolute requirement for RAS. Now, you come back and start arguing that non LEO/agricultural searches are mandatory. They aren't simply because anyone can refuse the search and turn around. Try that when an officer has RAS.
Quit trying to be obtuse and spreading incorrect information
Seriously, I'm the obtuse one when you found yourself embarrassed by being unable to dispute my premise by being unable to check any of the boxes as "probable cause"?
Dude, the probable cause is so lax that it's does not even need "suspicion of illegal activity."
My 3 options (there are more), are from an agri-inspector who used to be my neighbor and added that those who are turning-around refusing search most likely carry illegal contraband and will be reported to the LEO and maybe interjected on their way to Nevada.
