Vehicle guns, how many have them and leave them in the vehicle

[GAgunLAWbooklet]

Vehicles that are found out on public roads and parking lots trigger an exception to the normal 4th amendment requirement for searching a house or business.

See the Carroll case from the US Supreme Court in I think 1925. also Chimel vs. California, from the late 1960s.

 

[lostchild]

What if it's a rental?

We still talking guns or moved on to hookers?

 

[RiverBend]

Really? So you see the words "extension of your home" there.

Not the words, but the facts the words relate to, those words aren't law, only persons interpretation of the law

 

[Hurricaneshand]

Vehicles that are found out on public roads and parking lots trigger an exception to the normal 4th amendment requirement for searching a house or business.

See the Carroll case from the US Supreme Court in I think 1925. also Chimel vs. California, from the late 1960s.

Is there a limit to how long a vehicle has had to be there? For example I park my car in a public parking lot to go shopping at the mall for the day. Or are we talking long term abandoned vehicles?

 

[fattboyzz]

Nope

 

[blazedawg87]

The fact that you recognize a warrantless search can be done on a motor vehicle out on the roads based only on "probable cause,

whereas "probable cause" PLUS a warrant (that was issued based on the magistrate judge agreeing that there is probable cause) is needed for cops to search a house...

... shows that you DO understand that the law does not treat your car as an extension of your home.

Do police need a warrant to enter a home if they have probable cause that the person in said home is there while in commission of a crime?

Say the person was seen burglarizing a vehicle and seen running into a home. Do police now need a warrant to search the home for the suspect?

The only way a LEO can pull you over in the first place is you have to have broken a law, otherwise the stop is illegal and anything found during the stop is inadmissible in court. Now correct me on this but if you have an active warrant for your arrest you can be stopped without a moving violation because the warrant allows it.

Can a LEO not enter your home without a warrant if given permission? Yes they can.

 

[gh1950]

Do police need a warrant to enter a home if they have probable cause that the person in said home is there while in commission of a crime?

Yes.

They would never get a search warrant if that were not the case, because they have to have probable cause to get a search warrant. The cops would just skip getting the warrant, (which they will do if they can) and just make the arrest.

You might want to look at Collins v. State, where there was a stolen motorcycle in a driveway, under a tarp, and the Supreme Court ruled that a search warrant was required to look under the tarp. The motorcycle had been involved in a couple of traffic chases.

 

[gh1950]

Say the person was seen burglarizing a vehicle and seen running into a home. Do police now need a warrant to search the home f or the suspect?

Maybe.

But the issue becomes about discovering evidence of other crimes, which surprisingly, always seems to be "in plain view"

 

[blazedawg87]

Yes.

They would never get a search warrant if that were not the case, because they have to have probable cause to get a search warrant. The cops would just skip getting the warrant, (which they will do if they can) and just make the arrest.

You might want to look at Collins v. State, where there was a stolen motorcycle in a driveway, under a tarp, and the Supreme Court ruled that a search warrant was required to look under the tarp. The motorcycle had been involved in a couple of traffic chases.

Did police follow and see the subject place the tarp on the bike? Or did they just know the address and found it after the fact? Because unless they actually seen the suspect cover the bike up they have no way to know if that is indeed the bike in question without searching and that would require a warrant to search. Thats a different scenario than mine.

 

[BIKER13]

We still talking guns or moved on to hookers?

hidin cars now. But we got the A team figuring it out