Q: When a policeman don't have permission or a warrant, they're not to just walk up on private land (Which the person has

total permission to be there napping in their car to seeing a vape pen for TCB (thc and tcb look the same exact) claiming the name inscribed on the battery portion, was way good enough for allegedly claiming there is now enough for probable cause, asks you to step outta the vehicle pulling you out of the car so that they can conduct a warrantless search of the car based on a name inscribed but no other insignias on a Vape Battery? If they had been following the rules themselves. A violation of the 4th amendment rights right to reasonable amount of privacy and reasonable searches etc. If the person is homeless, but have been living OUT of their car, wouldn't the car be considered their Home? I believe since there wasn't any obvious immediate danger or destroying evidence because they were comfortably sleeping, for the long drive that lay ahead of them. Illegal search and seize

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Under the Fourth Amendment, individuals are protected from unreasonable searches and seizures. This means that a police officer generally needs a warrant to search private property, including a vehicle, unless certain exceptions apply. These exceptions might include situations where there is probable cause to believe a crime has been committed, or where evidence is in plain view.

In your case, the officer's observation of a vape pen, without more, may not constitute sufficient probable cause for a search, especially if there were no other indicators of illegal activity. The mere presence of a vape pen, even with a name inscribed, typically wouldn't justify a warrantless search unless it was accompanied by other evidence suggesting illegal conduct.

If you live in your car, the car can indeed be considered your home in the context of the Fourth Amendment. The legal protections for a home are typically stronger than those for a vehicle, but this can be a complex area of law, particularly when a car is involved.

Given your situation, it's advisable to consult with an attorney. They can review the specifics of your case and determine if your Fourth Amendment rights were violated. If so, they can guide you on the steps to take, which might include filing a motion to suppress any evidence obtained from the search.

Remember, each case is unique and depends heavily on the specific circumstances and details of the encounter with law enforcement. An attorney can provide tailored advice and representation based on your individual situation.

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