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Van drinking

Discussion in 'Van Dwelling / Rubber Tramping' started by wanderlovejosh, Nov 4, 2016.

  1. creature

    creature Completely Addicted
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    good question.
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    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...
     
  2. that one guy

    that one guy Playful asshole
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    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.
     
  3. that one guy

    that one guy Playful asshole
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    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.
     
  4. Grubblin

    Grubblin Celebrated Poster

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    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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  5. youngbuckwithapickuptruck

    youngbuckwithapickuptruck is getting to know the place

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    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.
     
  6. wickedwench

    wickedwench Hungry for Knowledge

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    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.
     
    #26 wickedwench, May 19, 2017
    Last edited: May 19, 2017
  7. youngbuckwithapickuptruck

    youngbuckwithapickuptruck is getting to know the place

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    how about van banging?
     
    #27 youngbuckwithapickuptruck, May 19, 2017
    Last edited: May 19, 2017
  8. Beegod Santana

    Beegod Santana STP Homebum

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    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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