Nolacopusmc
*Banned*
“Your vehicle is an extension of your home”
The problem with this statement is that MOST people who use it do so with the mistaken belief that they can do anything in their vehicle that they can do in their home. That simply is not true.
That statement has no legal status. It is a layman’s phrase used in reference to the ability to defend oneself in their vehicle SIMILARLY as in one’s home.
This is a result of the recent “Carjacker Law" that was added as a justification for homicide, and the legal allowance to have a firearm inside one's vehicle without the need for a permit in certain states such as Louisiana.
Also, some insurance documents make reference to the statement that for insurance purposes, your "vehicle, garage, boat, etc. is considered an extension of your home." However, insurance law is not the same as criminal law.
You cannot do everything in your vehicle that you can do in your home due to expectation of privacy precedence and specific local laws. The Supreme Court has already ruled that you have the same expectation to SAFETY in your vehicle as you do your home, but they have also ruled that you DO NOT have the same expectation of PRIVACY in your vehicles as you do your home.
There are different legal requirements for search and seizure in your home than their are for your vehicle.
An extreme example is that you can walk around naked in your home all day, and that act in and of itself is not a crime. However, if you are driving around town naked in your car, then that act in and of itself is a violation of most obscenity laws and is arrestable.
Another example is that while you can drink until you die in your home, you cannot drink in your vehicle in most cases. in MOST cases, you would be in violation of either Driving While Intoxicated or local Open Container ordinances.
There are very few exceptions where your home can be searched without a warrant. There are more and different exceptions that allow a search of your vehicle. Different rules and laws for the home and vehicle.
So.....your vehicle is not an extension of your home because you do not have the same expectation of privacy in both. However, you do have the same expectation of safety and may defend yourself in most situations in your car the same as you would inside your home.
Will update with supporting cases when full case briefs can be found.
The problem with this statement is that MOST people who use it do so with the mistaken belief that they can do anything in their vehicle that they can do in their home. That simply is not true.
That statement has no legal status. It is a layman’s phrase used in reference to the ability to defend oneself in their vehicle SIMILARLY as in one’s home.
This is a result of the recent “Carjacker Law" that was added as a justification for homicide, and the legal allowance to have a firearm inside one's vehicle without the need for a permit in certain states such as Louisiana.
Also, some insurance documents make reference to the statement that for insurance purposes, your "vehicle, garage, boat, etc. is considered an extension of your home." However, insurance law is not the same as criminal law.
You cannot do everything in your vehicle that you can do in your home due to expectation of privacy precedence and specific local laws. The Supreme Court has already ruled that you have the same expectation to SAFETY in your vehicle as you do your home, but they have also ruled that you DO NOT have the same expectation of PRIVACY in your vehicles as you do your home.
There are different legal requirements for search and seizure in your home than their are for your vehicle.
An extreme example is that you can walk around naked in your home all day, and that act in and of itself is not a crime. However, if you are driving around town naked in your car, then that act in and of itself is a violation of most obscenity laws and is arrestable.
Another example is that while you can drink until you die in your home, you cannot drink in your vehicle in most cases. in MOST cases, you would be in violation of either Driving While Intoxicated or local Open Container ordinances.
There are very few exceptions where your home can be searched without a warrant. There are more and different exceptions that allow a search of your vehicle. Different rules and laws for the home and vehicle.
So.....your vehicle is not an extension of your home because you do not have the same expectation of privacy in both. However, you do have the same expectation of safety and may defend yourself in most situations in your car the same as you would inside your home.
Will update with supporting cases when full case briefs can be found.
Last edited:
