Wednesday, September 26, 2018

Vans and Motorhomes Can Get Constitutional Protection Like a Home

Motorhome gets constitutional protection of 4th amendment's right to privacy

In People v. Pallis, motorhome gets 4th amendment privacy rights.

A recent September 2018 New York State case of People v. Pallis affords privacy rights in a motorhome.

Motorhomes may be more like residences than automobiles where they provide increase privacy and residential necessities (see e.g. United States v. Williams, 630 F2d 1322, 1326 [9th Cir 1980]).

Vans, motorhomes, and campers maybe considered homes for 4th amendment privacy issues. NYS finds a motorhome in Brooklyn was more like a home and didn't permit the warrantless search by police.

The court will have to weigh the factors for or against: stationary vs. mobile

Including: hookups, intent, location, type of van, timing, and use

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