OCALA, FL (352today.com) – An RV is unique in that it’s not just your vehicle; it’s your home. The dual nature of a recreational vehicle raises some unique legal questions, including a big one related to police searches. How is your RV treated by law enforcement?
In general, the police cannot search you without your consent unless they have reasonable cause for suspicion. Still, they may also need a judge-issued search warrant, although there are some exceptions.
Legal experts say if evidence of a crime is in plain view, law enforcement can search your home without a warrant. The same goes for searching your person if they happen to observe unusual behavior that may be indicative of criminal activity.
When it comes to your vehicle, however, there may be an exception. The Supreme Court in the case of Pennsylvania v. Labron states that “if a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment permits the police to search the vehicle.” Due to this, the police do not usually need a warrant to search your vehicle.
So, that brings us back to the question: is an RV a home or a vehicle? According to Tim McCourt, General Counsel for the Marion County Sheriff’s Office, it depends.
“It depends upon the location of the RV and how it is being used. On the one hand, if a motor home is being used as a motor vehicle, then it can be searched by law enforcement officers if we have probable cause to believe that it contains contraband or evidence of a crime. The law does not require that we first obtain a search warrant, although there are circumstances where obtaining a search warrant may be a good idea,” McCourt told 352today. “On the other hand, if a motor vehicle is being used as a dwelling, it can be searched by a law enforcement officer only if we have a search warrant, or if there is some exception to the warrant requirement present, like exigent circumstances or consent.”
When it comes to police searches, your RV is just another vehicle. This has been addressed in several court cases including the most notable California v Carney. In this 1985 case, the court upheld the notion that RVs are subject to the automobile exception, just like any other vehicle. This is because, although RVs are homes, they are also mobile.
Since then, state and federal courts – including Florida courts – have examined a variety of cases where they had to determine whether, for the purposes of the Fourth Amendment, a stationary motor home should be considered a vehicle or a residence.
“The courts have looked at a lot of different factors in making these determinations,” said McCourt.
These factors include:
- the motor home’s location
- the use to which it was being put
- who owned it
- the relationship of the motor home’s owner to the person who owned the property upon which it was located
- whether it was affixed to the ground or on blocks
- whether it appeared readily mobile
- whether it was connected to utilities
- the utilities to which it was connected
- whether it was occupied at the time it is searched
- what the occupants were doing at the time of the search
- whether law enforcement had been told it was being used as a residence
- whether the person had pets tied up outside
“These are the same factors that we, as law enforcement officers, would need to consider before determining whether a motor home was a vehicle or a residence,” said McCourt.
“So, bearing in mind that every situation encountered by a law enforcement officer is always going to be unique, if one of our deputies called me tomorrow and told me they had encountered a situation where they had to make the determination whether a motor home was a vehicle or a residence under the Fourth Amendment, we would look at all of these factors and apply the existing case law to those factors,” McCourt explained. “We would then make a case-specific determination in accordance with the Fourth Amendment and proceed accordingly.”
The most important thing you can do as an RV owner is to know and understand your rights, and what the laws are in your particular jurisdiction. You’ll have to research so that you’re prepared with the knowledge to execute these situations properly.
Also, know that no matter how insistent law enforcement is, you have the right to decline a search to which you do not consent. If an officer tries to use intimidation tactics like promising to “go easy” on you or implying that only a guilty person would deny a search, firmly state that you do not consent to any search. Be polite, yet firm.