# Van drinking



## wanderlovejosh

Anyone have any issues drinking in your van? For the time being I'm in a city doing a lot of stealth camping.. And I like my pbr to unwind in the night. 

I wanna know if there's anything I should know or be prepared for if a cop happen to come knocking. I've always heard mixed shit along the lines of "well as long as the Keys aren't in the ignition then you're fine". But idk how much I trust that...

Your thoughts?


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## SophiaII

No personal experience here, but if it's all closed, should be good. If they're all empty, might be able to wiggle out. Half done? Here you'd be soooo toasted.


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## outlawloose

In SC Ive been threatened with arrest for having an empty beer can in my van.
In California the cops were cool with us drinking in the van. Apparently the law there is as long as the keys aren't anywhere inside the vehicle then it's legal – apparently the trick there is to leave them in the tailpipe


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## landpirate

I've been pretty drunk before and the police have knocked on my van door. I chatted with them and they asked me if I was planning on driving my van anywhere and I explained that I was definitely not going to be doing that until the next afternoon and I was actually getting ready to go to sleep. They could see that nothing was packed away in my van and the engine was cold and I clearly wasn't going anywhere but I'm sure if there had been anything noticeably wrong with my vehicle or I was parked badly or I came across shitty in anyway they would have used that against me. I don't know what the proper legalities of it are though either. I just try really hard to do nothing to make the pigs knock on me. 

I've clearly grown up because a few years ago I got pulled over by the police becuase they saw me driving whilst drinking out of a beer can on the motorway. It was only water in it, but they still breathalysed me and they definitely didn't see the funny side


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## Deleted member 17194

landpirate said:


> I've clearly grown up because a few years ago I got pulled over by the police becuase they saw me driving whilst drinking out of a beer can on the motorway. It was only water in it, but they still breathalysed me and they definitely didn't see the funny side



Funny side = seen


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## WanderLost Radical

In any state (I think), if the keys arent in the vehicule, you're fine.

Solution?

Hid your spare keys in one of those magnetic boxes anywhere outside your car


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## rusty




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## wanderlovejosh

I've always thought if I was in the middle of a beer I could just toss it in my composting toilet, but then I would clearly smell of beer, so I wasn't sure if that would just lead to a cop further hassling me. Pain in the arse lol


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## Matt Derrick

if you're in the united states and your vehicle is registered as a recreational vehicle, everything behind the driver seat fall under the same search and seisure laws as a home, so you can do whatever you want back there and there isn't shit the cops can do about it. it helps a lot though if you have curtains up so they can't see what you're doing.

i've tested this while living in savannah georgia, the cops tried to fuck with us but couldn't do shit since we were parked with the engine off drinking in the back of the RV (keep in mind you can register almost any vehicle as an rv if you can fit a bed in it). i did get busted another time though for falling asleep in the front seat with someone else's empty beer can in the cup holder though, so like i said, keep it to the rear...


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## WanderLost Radical

Matt Derrick said:


> keep in mind you can register almost any vehicle as an rv if you can fit a bed in it).



Im guessing that would multiply the price of insurance and plates by a lot, right?


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## Johnny P

Matt is right. I've had a few similar run ins camping and what not. If its a rec vehicle its considered your house, so pbr on brotha! Doubt it even needs to be registered just stay in the living room and clean out the van in the morning before you head to your next spot.


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## wokofshame

Cops can totally search an RV without warrant. RVs aren't an exception. I had a locked toolbox in the back of a truck one time and had the cops bust it open, no warrant, my lawyer said they should impounded it first but once at the impound there was no problem

Sent from my Z831 using the Squat the Planet mobile app!


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## Johnny P

not saying they cant search I guess, but dusting a few peebers in the back while stealthing is totally doable.


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## Bedheadred

I drink in my van while parked at night all the time. Have definitely gotten drunk in Walmart parking lots more than a couple times! But I have curtains and there's no way to see in the van if I don't want anyone too, I highly recommend having it setup like that.


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## Matt Derrick

wokofshame said:


> Cops can totally search an RV without warrant. RVs aren't an exception. I had a locked toolbox in the back of a truck one time and had the cops bust it open, no warrant, my lawyer said they should impounded it first but once at the impound there was no problem
> 
> Sent from my Z831 using the Squat the Planet mobile app!


That is not accurate. What I said before is that RVs fall under the same search and seizure laws as a house. Meaning, that without probable cause, it is illegal for the police to search that space without a warrant. 

Also it is illegal to search even non-rvs without a warrant. Either the cops broke the law in your case or you (perhaps unwittingly) gave them permission. 

The reason I advocated for the curtains in your windows is because if a cop looks into your vehicle they can claim they saw paraphernalia or an open beer can or whatever they want to make up for probable cause. 

Sent from my LG-H815 using the Squat the Planet mobile app!


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## Matt Derrick

WanderLost Radical said:


> Im guessing that would multiply the price of insurance and plates by a lot, right?


Actually, registering your vehicle as an RV drastically reduces the price of your car insurance. It is generally assumed by insurance companies that recreational vehicles will be driven far less than regular vehicles and are therefore less of a risk for accidents, so they charge you less money. 

Registration and plates are generally the same price as a car, but you should double check the DMV website for your state to be sure. 

Sent from my LG-H815 using the Squat the Planet mobile app!


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## wokofshame

Matt Derrick said:


> That is not accurate. What I said before is that RVs fall under the same search and seizure laws as a house. Meaning, that without probable cause, it is illegal for the police to search that space without a warrant.
> 
> Also it is illegal to search even non-rvs without a warrant. Either the cops broke the law in your case or you (perhaps unwittingly) gave them permission.
> 
> The reason I advocated for the curtains in your windows is because if a cop looks into your vehicle they can claim they saw paraphernalia or an open beer can or whatever they want to make up for probable cause.
> 
> Sent from my LG-H815 using the Squat the Planet mobile app!


No, I told them explicitly not to search. Vehicles can totally be searched with only probable cause. Look it up. My lawyer was a middling twit, but I went over the issue thoroughly with him and also researched it on my own. Drinking is a separate issue than searches. But RVs are considered vehicles and not houses if they are mobile, i.e., not on blocks, and CAN be searched without a warrant.

Sent from my Z831 using the Squat the Planet mobile app!


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## Matt Derrick

wokofshame said:


> No, I told them explicitly not to search. Vehicles can totally be searched with only probable cause. Look it up. My lawyer was a middling twit, but I went over the issue thoroughly with him and also researched it on my own. Drinking is a separate issue than searches. But RVs are considered vehicles and not houses if they are mobile, i.e., not on blocks, and CAN be searched without a warrant.
> 
> Sent from my Z831 using the Squat the Planet mobile app!


I'm sorry but we're going to have to agree to disagree on this until I see it in writing. I'll do some research and see what I can come up with. 

I have personally used these laws to thwart police inspections, so that's my experience, but like I said I'll look it up and post it here. 

Sent from my LG-H815 using the Squat the Planet mobile app!


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## creature

The cops can say whatever they want.
In OgreHomma & Can's Ass the criteria for detainment is "reasonable suspicion".

The best advice, regardless of vehicle, is that if you are NOT sober, or if you have ANY questionable materials on board that you are concerned about, DECLINE, at all points any entry to the vehicle or other permission to search. Also, cops have a limited ("reasonable") window of time, defined by SCOTUS, under which they are allowed to bring in search dogs.

can's ass & orger hommy fucking SUCK.. avoid them (unless you are performing organized political activism) & you reduce your chance of being interred by nazis by about 25%..


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## Matt Derrick

creature said:


> The best advice, regardless of vehicle, is that if you are NOT sober, or if you have ANY questionable materials on board that you are concerned about, DECLINE, at all points any entry to the vehicle or other permission to search. Also, cops have a limited ("reasonable") window of time, defined by SCOTUS, under which they are allowed to bring in search dogs.



that's true, and good advice.

i did a bit of googling, and it seems there was a supreme court case about this in 2003 that changed the precedent, making my previous statements about everything behind the front seats being the same as a house incorrect. the short version is that since a vehicle can be moved, it can technically be moved away from the scene before a warrant is issued (during detainment) so the cops don't have to get a warrant before searching the vehicle.

that said, _probable cause_ still applies. the police _must _have probable cause to search your vehicle, they do not have the right to search your vehicle without it. so, putting up curtains and the like as i previously suggested is still a very good idea.

it is also a very good idea to declare firmly but politely that you do not consent to a search of yourself or your vehicle. keep repeating this over and over if necessary. they can search your vehicle anyways, but it's good to have this statement on record (police car dash cam) as it may help you in court later.


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## creature

there are 3 types of searches, to the best of my understanding (which may very well be incomplete)

1) search by plain sight (which includes a proximity search with dogs)

2) search by consent (be careful, because once you consent to any entry into the vehicle or premises, it is difficult to stop further invasion)

3) search by warrant, where specific items or evidence must be defined and probable cause must be given as to their presence must be established

There is also the doctrine of "reasonable suspicion", whereby you can legally be accosted by an officer & demands may be made upon your person regarding identity and intent. the police will attempt to elevate their intrusion to the level of "probable cause", while detaining you & performing the plain sight search.

I used to have a copy of the SCOTUS opinion regarding what is considered a "period of reasonable detainment", while conducting a plain sight search (which includes how long it requires, specifically, for a 'suspect' to have to wait before the evidence can be argued to have been illegally obtained).

The midwest nazi states are notorious for "reasonable suspicion".

it might be good to start another thread, or revisit an earlier one, but generally speaking, if you're parked within the right of way of any public road, it's russian roulette..

even if you definitively *cannot* be nailed for DUI, or consuming alcohol in a prohibited area, if the officer has grounds for demanding you move your vehicle, be prepared to at least let them know (from the outset) it is effectively non-operational, & that you need to contact your roadside assistance for a tow to at least the nearest repair facility (or however far away you can get), if no one else is sober, who can drive.
I would *think* that if you make a claim of non-op, and then can avoid being popped for the alcohol itself, you might be able to get away without the vehicle being impounded.

IN NO CASE CONSENT TO DRIVE, IF YOU ARE IMPAIRED.

it's one thing to have your vehicle impounded (if it's clean), it's another to hang yourself with a DUI, felony or otherwise.

the point here is not to discourage, but just to point out that discretion is critical...


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## that one guy

Man what the hell are ya'll doing to get visited by the law at night, I can't immagine, I've been living in vehicles for nearly 2 decades and I've never been interrupted but once (parked in rez hood with bass thumping) I drink and sexy time all the time while curbside. 
But my plan was alwase to say I'd overheated and would deal with it in the morning.
Just as of this last summers closure have I been legal, prior to I alwase thought very hard about how to not be visited while resting, I guess have a good handle on it, as I haven't been harassed in over a decade, maybe I should write a guidebook for the noobs.


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## that one guy

Like its funny, just now thinking about my trip from portland maine to east texas, I remember hearing a lot of bad noise from my front end, pulled into a petro truck stop somewhere in the middle of tennessee or kentucky, suited up, drug jack and tools out all hella conspicuous like, rednecks and truckers all staring at me and my salty new england road home, bolstered by insurance and drivers license, I jacked the van up and rotated the tires and inspected ball joints, control arms, bearings and brakes - something I'd never do back when I had no license - after which I just put everything away and crawled in the back and passed the fuck out. no fear whatsoever of bing woken up by any officials.


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## Grubblin

I don't think the point is what were they doing to get caught but rather what to do if they get caught. You can never be too prepared for anything and tragedy can befall all without a moments notice.


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## youngbuckwithapickuptruck

in montana you can get a dui for having your keys and a drink within 25feet of your car
...or something like that, my friend from montana told me this.


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## wickedwench

The laws are spastic on this issue. They vary in the extreme between states. Open container laws can apply even in an RV (which have no special registration in many states) no matter where it is. It can be considered an "open container in public" in some states since you are not "home". Open containers in the passenger area of a vehicle (I don't live in an RV...so it's just a vehicle) are just as goofy. http://dui.drivinglaws.org/resources/can-a-passenger-drink-alcohol.htm In Mississippi, you can drink in the passenger seat while the vehicle is in motion, technically in some localities...have fun testing the theory and not suddenly having a "tail light out" or some crap like that.

I say: assume you are breaking a law and act accordingly. People have been given an open container violation for having recyclable cans in an RV before (yes a lawyer can make that go away, but do you really want to deal with that shit?). I've never had an issue, but I stay out of cities and below the radar when I am in them. I am probably breaking other rules anyway in cities (sleeping in a vehicle, firearms transport rules change between states--though I try to follow those because the penalties are steep as hell, RV safety codes--in places like NY, and who knows???). 

Any law, sufficiently complicated, is just discretionary harassment. I try to prevent becoming a target of it, but it isn't always possible. So far so good. Nearly two years, and the last time someone tried to roust us, he spent an hour drinking with us by the fire instead and told us we can stay for a few days if we want.


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## youngbuckwithapickuptruck

how about van banging?


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## Beegod Santana

Register as an RV, keep the keys somewhere that the cops won't find them, never be in the front seat and you should be fine MOST places. Since the patriot act cops can search anywhere within their reach when standing outside a vehicle. The whole "they need a warrant to search your vehicle" thing hasn't been true since the last century. In several states there's no warrant required and pretty much anywhere else it's a special warrant that can be issued in a matter of minutes through dispatch. All they have to say is they smell drugs or see what could be powder residue. Working in festival production for over a decade I can't count how many times I've been pulled over and searched going to shows and only once in my life did refusing a search work. The one time I actually told the Tennessee police to go ahead and rip my van apart cause I had places to go was the only time they just let me roll. One hell of a gamble if you're holding something (I wasn't, I just wanted em to piss off) but that's my experience. In Nevada in 2013 I was pulled over for suspicion of being a trafficker because I had long hair and east coast plates (yes, certain cops can legally do this now with federal certification), arrested on suspicion of marijuana intoxication (hadn't smoked all day and it was night time), taken 100 miles away from my truck while they searched it, they got a warrant at 1am to take my blood after the truck turned up nothing, then I sat in elko country jail for a while and 6 months later I was charged with internal transportation of trace amounts of marijuana in my bloodstream which is treated the same as DUI. FUCK NEVADA.


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## Deleted member 20975

Personally i have an extensive criminal record so thats strike one. Some cops are decent and being as open and honest as you can without incriminating yourself works. Some are just total pricks and want to fuck you and make your life worse. Good luck with these assholes. I liked some of the tips here like the engine overheated or it needs work and im working on it etc. 

I still believe its us against them and always assume they are cunts trying to fuck up your shit. Play dumb or suck some cock if it will save your ass. Ive hone through alot of shit with pigs because i wouldnt let them take my pride. Now id rather feel like a bitch for a day than a crusader in a concrete box. 

I wondered what anyone thought of just laying low and passing out for a few hours. Sober up. Think theyll just smash windows and rip off doors to a person crashing out in his home on wheels? Preferably without even a word being exchanged.


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