Trouble with California

[pitch]

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 with everyone else,multiple lanes,cars trucks,other rv,s. Everyone pauses about thirty seconds and moves on. Normal right?
My turn, she looks at my NY tags,Have you any fresh fruits or vegetables on board?"
"No we Don,t"
"w
When was the last time this vehicle was in Ny?"
"About 8or9weeks ago."

She then grabs a flashlight and inspection miror and gives the undercarriage of both truck and trailer a thorough going over. She then does a second tour inspecting the roof area.
I was quite surprised,but oh well not an imposition.
"I would like to inspect the interior"

"Not with out a warrant"
"Sir Weare trying to protect our agricultural resources"

"I understand that,bbut you are not entering my trailer without a warrant !"

She gave me a look that could kill,and entered her both and made a phone call.

Minute is so later she comes out,shoves a handful of invasive critter literature into my hand and said,"move on"

Has anyone else been subjected to such nonsense,or did this inspector just have a bone for New Yorkers?

[westernrvparkow]

RGar974417 wrote:
I am generally a law abiding citizen. I support law enforcement. But I wish our government would care more about removing the 12 million illegal aliens than about it's own citizens. We have a constitution that gives us rights. These rights are not just for criminals, they are for our own protection. Read about out history before and during the Revolutionary War. Then you will understand why we have them and why we should protect them. I know people say "what's the problem if you have nothing to hide"? What if they stop you walking down the street minding your own business? What if they demand to enter your home anytime they want? Our Founding Fathers put limits on the government for our protections.

Do you somehow support the notion that all crimes or issues deemed subordinate to other crimes should not be prosecuted or pursued until all those superior issues and crimes are eliminated. In other words, until felony murder is completely eliminated burglaries shouldn't be investigated, because that is what you are suggesting by saying forget trying to protect agriculture and our waterways (in many western states you are required to stop and have your boat inspected for invasive mussels and snails) and eliminate invasive pest inspections until illegal emigration is solved. Personally, I don't see how one has anything to do with another.

[lakeside013104]

navegator wrote:
This post is directed to those of you that have law degrees and those of you in law enforcement, please answer and correct me if I am wrong, I am not looking for arguments, just facts under the law.

Is an RV rolling down the road considered a vehicle or a home?

Is an RV that is parked with the sewer hose connected, the water connected and hooked to the electric grid cosidered under the laws as a home or an RV?

What part of an RV is the vehicle and what part is a home?

A 5th wheel or a pull trailer being towed are they rolling vehicles or homes, understanding that the pull units are vehicles and not homes.

navegator

RV rolling down the road is a 'mobile conveyance'. To any invasive pests, it is a home for they do not care about RVing.

RV parked and connected is still a mobile conveyance, unless you are in the actual phase of living in the RV, eating, sleeping, residing within the RV, etc. To any invasive pests, they do not care if you are rolling down the highway or parked and connected.

When you are in the action of residing in the RV, any portion of that mobile conveyance inbound of the threshold is considered part of your temporary residence. Any invasive pests care not whether they are inbound or out bound of the threshold. A free ride or stationary is all good for them.

5th wheel or trailer being towed, asked and answered above within the scope of the term RV.

Nothing is as cut and dry as the questions asked above were intended to be. The 4th Amendment exceptions to a mobile conveyance apply.

Hope this answers your questions.

Lakeside

[Yosemite_Sam1]

navegator wrote:
This post is directed to those of you that have law degrees and those of you in law enforcement, please answer and correct me if I am wrong, I am not looking for arguments, just facts under the law.

Is an RV rolling down the road considered a vehicle or a home?

Is an RV that is parked with the sewer hose connected, the water connected and hooked to the electric grid cosidered under the laws as a home or an RV?

What part of an RV is the vehicle and what part is a home?

A 5th wheel or a pull trailer being towed are they rolling vehicles or homes, understanding that the pull units are vehicles and not homes.

navegator

From Supereme Cour decision:

"The Supreme Court acknowledged that a motorhome was capable of functioning as a home, ... the relevant purposes, the Court found that a motorhome is more similar to a car than a stationary house. The Court explained that, like with a car, a motorhome’s “ready mobility” makes it impractical for police to get a warrant before searching. And, according to the Court, a person doesn’t have the same compelling privacy interest in a motorhome that they would have in a regular home. These factors convinced the Court that the automobile exception should apply to motorhomes..."

[RGar974417]

I am generally a law abiding citizen. I support law enforcement. But I wish our government would care more about removing the 12 million illegal aliens than about it's own citizens. We have a constitution that gives us rights. These rights are not just for criminals, they are for our own protection. Read about out history before and during the Revolutionary War. Then you will understand why we have them and why we should protect them. I know people say "what's the problem if you have nothing to hide"? What if they stop you walking down the street minding your own business? What if they demand to enter your home anytime they want? Our Founding Fathers put limits on the government for our protections.

[jfkmk]

diginomad wrote:

Just be glad they weren't looking for plastic bags or straws :E

:B

[navegator]

This post is directed to those of you that have law degrees and those of you in law enforcement, please answer and correct me if I am wrong, I am not looking for arguments, just facts under the law.

Is an RV rolling down the road considered a vehicle or a home?

Is an RV that is parked with the sewer hose connected, the water connected and hooked to the electric grid cosidered under the laws as a home or an RV?

What part of an RV is the vehicle and what part is a home?

A 5th wheel or a pull trailer being towed are they rolling vehicles or homes, understanding that the pull units are vehicles and not homes.

navegator

[diginomad]

I spent the first 21 years of my life in SoCal and have been through the inspection points more times than I can count.

I'd find it very odd if they wanted to search my rig. I don't care what level they are on. Trust nobody.

Just be glad they weren't looking for plastic bags or straws :E

[mountainkowboy]

bpounds wrote:
Seems the most invasive pests, are those making videos.

Hahahaha

[Yosemite_Sam1]

bpounds wrote:
Seems the most invasive pests, are those making videos.

:B:)

[hotpepperkid]

am1958 wrote:

CFerguson wrote:

2) go find another, less traveled road into CA.

This is the ridiculousness of California. The CDFA's own web site states they have only 16 Ag. Checkpoints... I hesitate to guess the number of roads that enter California but it's probably a lot more than 16. So, in true California style it would appear that, while making themselves feel good about doing the right thing, they are actually spitting into an ocean and hoping the water level will rise...

One also wondered how many species invasive to the US have initially entered through California but a google search is quick to list species invasive to California but reticent to point the finger at California. I can be pretty sure that the Africanized Bees came through Central America and California to infest the warmer states... One wonders where the Ag. checks were on them leaving the state.

Of course, with all the international trade being shipped in and out of the 7th largest economy in the world, (that can't keep it's streets clean of human fecal waste), through it's rather large ports one wonders why they are so very keen on keeping stuff out of the state from locations in the various states of the USA but offer absolutely no protection to those various states from it's own mistakes by having Ag. stations on the outbound lanes of the 16 roads they feel are a "threat"....

But then, that's the silliness of California...

So no big deal they tell me go back to AZ. Just go up or down the river 5 miles there is another bridge into CA with no over eager inspector

[bpounds]

Seems the most invasive pests, are those making videos.

[caver]

Invasive pest: I dunno, that border looks tricky...maybe we should hitch a ride in that RV.

[lakeside013104]

CFerguson wrote:


My advice is to Politely but Firmly refuse a search if you so choose. Don't argue, don't debate, don't whine.

But that would spoil their fun. The reason they do whine and argue is because they want to call attention to themselves. A lot like when someone has purple hair, or stick pins everywhere in their face, or skin blanketed with ink. All to call attention to themselves probably because some part of their lives was tough and now they want some sediment of control, even if it is in their own imagination.

Anyway, some good points in this thread. I thank the mods for allowing this to continue to actually see where it ends up.

Lakeside

[am1958]

CFerguson wrote:

2) go find another, less traveled road into CA.

This is the ridiculousness of California. The CDFA's own web site states they have only 16 Ag. Checkpoints... I hesitate to guess the number of roads that enter California but it's probably a lot more than 16. So, in true California style it would appear that, while making themselves feel good about doing the right thing, they are actually spitting into an ocean and hoping the water level will rise...

One also wondered how many species invasive to the US have initially entered through California but a google search is quick to list species invasive to California but reticent to point the finger at California. I can be pretty sure that the Africanized Bees came through Central America and California to infest the warmer states... One wonders where the Ag. checks were on them leaving the state.

Of course, with all the international trade being shipped in and out of the 7th largest economy in the world, (that can't keep it's streets clean of human fecal waste), through it's rather large ports one wonders why they are so very keen on keeping stuff out of the state from locations in the various states of the USA but offer absolutely no protection to those various states from it's own mistakes by having Ag. stations on the outbound lanes of the 16 roads they feel are a "threat"....

But then, that's the silliness of California...

[CFerguson]

I think we have established The Answer.
An ag inspection is voluntary(per law cited above) and the ag inspector has the legal authority to deny you entry to the state at his whim.

If that happens, you can:
1) turn around and spend your tourista dollars elsewhere; or
2) go find another, less traveled road into CA.
There are other options, of course, like showing your rear and being mouthy. Cant say I recommend those- the more you talk, the worse it potentially gets both from a self incrimination and pi ssing off the officer points of view.

My advice is to Politely but Firmly refuse a search if you so choose. Don't argue, don't debate, don't whine.