This video features the case of a Michigan man currently rotting in a West Virginia jail for the high crime of traveling through West Virginia with a few hemp plants, possibly marijuana, I don’t know. A video of him refusing to consent to police entering his RV was shown in a Youtube video by the Real News Network, highlighting the actions of the Milton Police Department (which is in Cabell County, WV), including the fact that they take in a huge amount of fines as a result of their policing, despite having only around 2,500 residents. This begs the question, first of all, in general, do police need a warrant to enter, search, seize, etc., an RV or motorhome? Or is it just like regular automobiles, where only probable cause is required, rather than a warrant?
This video was posted by the Real News Network about this WV incident. Check out the video here:
Full video: https://youtu.be/oJsvvQwAIE4
Written summary of what the video explains: https://thecivilrightslawyer.com/2022/02/09/case-of-michigan-man-sitting-in-wv-jail-begs-the-question-do-police-need-a-warrant-to-enter-search-seize-an-rv-or-motorhome/
Facebook version: https://fb.watch/b3CjjLrLwf/
#lawenforcement #search #lawyer
The statemint in the report by Lt. Kyle O'Dell cleary states it was a residential RV. Read it.
https://www.youtube.com/live/CB-CMqctWds?si=8R7T9tzhkH752XKC
Yes they absolutely do need a warrant
Why did they NEED to search it ????
Go get them
Hillbillies they need indicted
My opinion: If the RV is in an RV campground then I assume the RV owner rented an RV camping spot. Thereby making that land legally the property of the person who rented the camping spot for the duration of the lease. So, the police entered onto private property, the camping spot, without a warrant.
Wolves? More like wild hogs.
I would argue that he is in a campground, temporarily fixed. It his living space, his home while he is there. As you said earlier if it is on public road that would be different, here it is on private property. He has every reasonable expectation that a warrant is required. And yes a bit of a grey area, an idea of a movable residence should be entered into the court system. There are people who only live in their mobile homes. Some exception needs to be made in all fairness because to people who live in these, it is their home. And that should carry the same laws as if it was a residence.
I think they should have to pay for all his damages to his RV and I think he should sue the police department and those officers personally cuz they knew what they were doing
Great work
What about a 5th wheel RV? Not a vehicle but has to be pulled by one.
I'm waiting for the gray area to turn into a dumb area. I mean really, A cop can play stupid and try doing that in a mobile home park. The answer should be easy. Campground warrant. Public roads while mobile free game. I understand that a kindergarten cop won't get that.
Are there any cases on towable camping trailers? They are not independently movable without a seperate vehicle.
does any of that really matter , cant he just say it is his residence, I live in here you may not trespass on my property, googles definition is well: a person's home; the place where someone lives. I mean can u get more wide than that?
Civil fofiture have turned police into literally hwy robbers who hunt for out of state vehicles to pull over and rob.
Hooked up to the water cooked up to the sewage and Jack's route so it wasn't being used it seriously. Those are the residents at that point to me.
I don't know about that because you got people all over this country that live in those fees and dry all over the country now if they don't. Have any rights to keep like them from coming in them without a warrant? There's no reason even home on select of devastate demarket of people's start here in that solar nuts secure and their own motor home are there are. Video whatever you want to call it so they're being no reason to home on that they've can't travel about. You're free will without being attained.
Although the three different branches of government were meant to be separate, they are not. The judicial department the courts very often work with and help cover up mistakes of law enforcement the executive branch. The judicial courts also fail when they uphold legislative laws that are unconstitutional.
More tyrants. You jave the right to bar them entry and DEFEND YOUR SELF AND YOUR PROPERTY
No warrant? Case dismissed
Never ever go thru west virginia
John, This one is concerning to me as a RV dweller. The issue is and should be, was he driving down the road, or in a campground where he “RESIDES”. That should be the only distinction that matters.
My parking, dwelling, sometimes for weeks or months at a time, it’s still my home, not my car. Please look into this and update us.
Why are they breaking in anything they find is inadmissible anyway all they're doing is begging for a lawsuit
Milton is an ignorant place
West Virginia cash crop just like Kentucky and it's against the law. It's the pyramid scheme just like car insurance company . Pay for p.l.p.d. no fault that only gives you $500.00 for your car if you total it but they want you to pay $1000.00 a year to insure it. Car insurance companies just another Ponzi scheme. And the courts system is jumping right on board to ticket you if you don't have insurance.
Why wouldn’t the cops just wait for him to get back on the road, find any minor traffic violation that the average person arguably commits once every couple of miles, pull him over for the pretextual traffic violation, have a dog ready immediately, the dog hits on the car even though these dogs always stand mute on the stand in cross, and then search the RV? I’m almost positive that, THAT search would be upheld. My point is, even just case law pointing out the obvious doesn’t solve the issue of the culture of disregard and even the disdain for constitutional protections of civilians. It’s not just that they don’t follow the letter of the law, they are actively trying to subvert the obvious intent of court affirmations of these protections and never seem to run out of new loopholes to exploit until sometime down the road an appeal is successful and that tactic needs to be replaced with another.
Land of the Free, my ass!
That doesn't apply when the RV is his full-time home
All free Americans have the right to protect and resist unwarranted entry into their home.
this is insane, i keep hearing people spout land of the free home of the brave, but there are so many laws that contradict that. i have seen so many videos of uneducated cops beating civilians, getting sued, and still remaining on the force, how is the states free.
Reagan's war on drugs with the stupidest idea in the history of mankind
The BS starts with the plants themselves there's edibles where I live and sometimes little kids think it's candy and eat it not one of them has died they get a little sick and nauseous but no death as far as I'm concerned those police officers need a bad upside their heads for breaking that Man's RV and put them in jail for no reason at all