Van drinking (1 Viewer)

Joined
Mar 11, 2016
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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

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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.
 
O

outlawloose

I deleted myself
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
 

landpirate

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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 :eek:
 
D

Deleted member 17194

I deleted myself
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 :eek:
Funny side = seen
 
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Joined
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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 :)
 
OP
wanderlovejosh
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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
 

Matt Derrick

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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...
 

Johnny P

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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.
 

Bedheadred

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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.
 

Matt Derrick

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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

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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.

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Matt Derrick

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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.

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wokofshame

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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.

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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.

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Matt Derrick

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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.

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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.

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creature

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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%..
 

Matt Derrick

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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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