{"id":10062,"date":"2013-12-23T17:30:05","date_gmt":"2013-12-26T00:00:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-12-23T17:30:05","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10062","title":{"rendered":"ND: Parked camper with no attached tow vehicle was still subject to automobile exception"},"content":{"rendered":"

A camper parked on commercial property, \u201cnot in a place regularly used for residential purposes,\u201d was subject to the automobile exception although it was parked, no vehicle was attached, and electric cords ran to it. State v. Otto<\/a>, 2013 ND 239, 2013 N.D. LEXIS 242 (December 19, 2013):<\/p>\n

<\/p>\n

[*P16] Because this Court has already adopted the reasoning of Carney, and because the federal courts have interpreted Carney to include trailers and campers within the automobile exception, we hold that the automobile exception applies to Otto’s camper in this case. Otto’s camper had the landing gear down, power cords were plugged in, and no vehicle was hooked up to it. Although the camper was not readily mobile by the turn of an ignition key, the two justifications in Carney are nevertheless satisfied under the same reasoning employed by the Second Circuit in Navas. See Navas, 597 F.3d at 500. Otto’s camper is not a fixed dwelling. Though his camper was not mobile while the officers were present, it was capable of being mobilized within a very short time.<\/p>\n

[*P17] In addition, the camper was not in a place regularly used for residential purposes, temporary or otherwise. In Sommer, we concluded, “‘[I]n addition to the special considerations recognized in the context of movable items, our Fourth Amendment jurisprudence has consistently accorded law enforcement officials greater latitude in exercising their duties in public places.'” Sommer, 2011 ND 151, \u00b6 11, 800 N.W.2d 853 (quoting Florida v. White, 526 U.S. 559, 565 (1999)). Carney reiterates this principle:<\/p>\n

The exception has historically turned on the ready mobility of the vehicle, and on the presence of the vehicle in a setting that objectively indicates that the vehicle is being used for transportation. These two requirements for application of the exception ensure that law enforcement officials are not unnecessarily hamstrung in their efforts to detect and prosecute criminal activity, and that the legitimate privacy interests of the public are protected.<\/p><\/blockquote>\n

California v. Carney, 471 U.S. 386, 394 (1985). The fact that Otto’s camper was in a commercial parking lot makes this case more akin to an automobile search than to the search of a permanent residence.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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