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CFerguson

on the road

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Posted: 01/17/20 09:31am Link  |  Quote  |  Print  |  Notify Moderator

wa8yxm wrote:

When you cross a border. be it international or state to state.

The state or country you are entering has the right to inspect. No warrant needed. Same for crossing the Hoover Dam I might add and some other locations.

Been that way a long long time. Not a problem for me. Unless you are carrying counter banned goods it should not be an issue for anyone. Very good reasons for the inspections.


No, Hoover Dam is different. Its considered something like a critical infrastructure site by Homeland Security or something.
And that's understandable imo.

smarty

new mexico

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Posted: 01/17/20 02:07pm Link  |  Quote  |  Print  |  Notify Moderator

yet another reason not to go to Cali?

Eric&Lisa

Scappoose, OR

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Posted: 01/17/20 02:15pm Link  |  Quote  |  Print  |  Notify Moderator

CFerguson wrote:

...No, Hoover Dam is different. Its considered something like a critical infrastructure site by Homeland Security or something.
And that's understandable imo.


Yup. To drive across Hoover dam, you have to go through an inspection point. And the only thing you can do is turn around and come back, they closed the vehicle access from the AZ side. To drive across the (new) Hwy 93 bypass bridge, you just keep the cruise control set and change your clocks to the new time zone.

bpounds wrote:

...Your vehicle has no rights at all. I'm pretty sure you could walk across without a search.


Right. A vehicle has no rights. As a possession, with me in it, the rights I have are extended to it.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"

So RVs, which can be classified as a house/home/residence are excluded? Even in a vehicle, a car can be considered covered under "and effects". I don't think a state can just toss people out of their vehicle and search it on a whim. Probable cause needs to be articulated by the authority.

Going way back to the OP's original post and asking when the vehicle entering California was last in New York, and getting the answer 8-9 weeks ago. That really gets thin on the 'probable cause' clause. If the OP had said 'we have been hanging around the apple orchards in WA state', that would be probable cause. But they didn't say that.

-Eric


Eric & Lisa - Oregon
'97 Silverado K2500, New HT383 motor!, Airbags, anti-sway bar
'03 Lance model 1030, generator, solar,

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south

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Posted: 01/17/20 04:34pm Link  |  Quote  |  Print  |  Notify Moderator

pitch wrote:

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?


Not sure of the large quantity of alien species now here, but....In 03 before Fire Ants were entrenched, we were looking at an RV at Camping World in Nashville. A used unit not really interested in but looked anyway. They just brought it up from South Ga, I think. Tons of Fire Ants cam out.

Yosemite Sam1

Under the pines.

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Posted: 01/17/20 05:23pm Link  |  Quote  |  Print  |  Notify Moderator

Yeah, the individual rights of a car or RV owner not to be searched without warrant agains the welfare of millions of Californian's depending in their agricultural livelihood.

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.

There were already so many decided jurisprudence on the matter.

And if I happened to be the inspector, I would have given the OP 3 options, submit to inspection, turn around or be detained on the border until they can get back into their senses on what important to them. If they act belligerent, I would also call the nearest LEO to make an arrest or impose my duties to make the inspection.

am1958

SE Michigan

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Posted: 01/18/20 05:29am Link  |  Quote  |  Print  |  Notify Moderator

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".

jdb7566

minnesota

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Posted: 01/18/20 06:24am Link  |  Quote  |  Print  |  Notify Moderator

Lwiddis wrote:

We don't consider inspections nonsense. Childish behavior on your part.

Not childish at all, who's 'we'? You and your wife? Until they secede , Kalifornia IS part of the U.S.A.

jfkmk

NJ

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Posted: 01/18/20 08:43am Link  |  Quote  |  Print  |  Notify Moderator

People live in squalor in some kalifornia cities, it is OK to pee and poop in the streets (to the point where there is a poop map app for San Francisco). The esteemed governor wants to give free healthcare to people who are not in the country leagally. Yet try to sneak in an apple and they become the Gestapo. Definitely some strange priorities.

Lightning55

Pleasanton, CA

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Posted: 01/18/20 09:40am Link  |  Quote  |  Print  |  Notify Moderator

Airdaile wrote:

et2 wrote:

California has a lot to worry about. But it won't be a insect that devastates it's economy.


Yup. If California collapses, it won't be because of a bark beetle. More likely it will be because they elected Governor Moonbeam twice.

Amen

hotpepperkid

Kingman AZ

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Posted: 01/18/20 10:42am Link  |  Quote  |  Print  |  Notify Moderator

romore wrote:

I wonder if I would be arrested and deported for that. We got searched once at the international border, cost us a tomato.


I guess he border agent needed a tomato for his sanwhich


2019 Ford F-350 long bed SRW 4X4 6.4 PSD Grand Designs Reflection 295RL 5th wheel

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