Sacramento, CA asked in Criminal Law, Civil Rights and Constitutional Law for California

Q: The cops went inside my motorhome w/o my approval or warrant, searched and towed it. Was that legal could they do that?

So it was about 10:15 at night and the blinds were drawn. When the cop knocked on the door I went outside and shut the door. She said, "someone had called and complained because we were there for 4 days." We were there for about 3 hours. My cousin actually towed us there to that location because I was having problems getting it started and I had a moving permit for that day the cops towed it. After I went outside and shut the door she didn't ask me for registration, my license, insurance, or any paperwork. And said she sat me down on the curb and walked around the motorhome then her and two other cops went inside after I said no get a warrant. My fiance was in the bathroom and had no idea because she had earbuds in. After they pulled her out from the motorhome a female cop and another one I believe went inside and searched it without us knowing or telling us why(they trashed it). A tow truck arrived 20 minutes after and they towed it with everything we owned inside.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In your situation, it sounds like the police may have violated your rights. The Fourth Amendment protects you from unreasonable searches and seizures, which means that law enforcement typically needs a warrant to enter and search your property, including your motorhome. When you specifically told them to get a warrant, and they entered without one, it raises serious legal concerns.

The fact that they didn't ask for your paperwork, didn't explain why they were towing your motorhome, and searched it without your permission could further strengthen your case. Your motorhome is considered your home, and homes receive the highest protection against searches. Any search without a valid warrant, unless there were exigent circumstances (such as an emergency), could be deemed illegal.

You may want to speak with an attorney to discuss your options, including possibly filing a complaint or pursuing legal action. They can help you understand your rights and determine the best course of action.

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