Need some help with an argument ..

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    Firearmfanatic

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    I remember this debate coming up twice when I went to the Academy.
    First was a woman who got a secondary infraction for driving barefoot. Basically her foot slipped off the brake and she ran into the back of a car at a red light. So failure to maintain control and driving barefoot. The barefoot driving got thrown out due to a car being an " Extension of you home"
    Second was about when Louisiana first passed the open container law.
    Certain law makers had an issue with the wording. You couldnt drink coffee or any other beverage cause it was in an open container. But it was thrown out due to a car being an "extension of your home"


    We were to write a paper citing the statue that supported these.
    No one ever found the statute, but we did find court proceedings where the term was used by the Judge.

    I agree with you on the above. I have never seen a statue of "extension of your home" either. But I suppose, or guess, that it has been "taken into account' in some courts by some judges.
     

    dantheman

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    I do not know if there is a law specifically stating that but that is what is generally taught in some police academies. 14:95 states it is a crime to carry a concealed weapon on one's person. In 14:95.6, there is a list of exemptions regarding firearm free zones. One of the items listed is "Any constitutionally protected activity within the firearm-free zone, such as a firearm contained entirely within a motor vehicle." This seems to be the closest law I can find that lists having a firearm in a vehicle as explicitly legal.
    But I'm not talking about firearms .
     

    dantheman

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    Ok, not talking about firearms. No offense or anything but, what are you considering/talking about? A bit more info may help us to help you. I as others have stated are not aware of any statue that specifically states that a vehicle is an extension of one's home.

    Ok , I agree I may not be explaining myself clearly . Would you all agree that there are freedoms that you enjoy in the privacy of your home that would not be allowed in your vehicle ? So the whole " extension " thing has limitations , right ? It is not a direct extension with all rights and privileges being equal .
     

    Firearmfanatic

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    Ok , I agree I may not be explaining myself clearly . Would you all agree that there are freedoms that you enjoy in the privacy of your home that would not be allowed in your vehicle ? So the whole " extension " thing has limitations , right ? It is not a direct extension with all rights and privileges being equal .

    In my own opinion, I agree with you on this. The "extension" to the vehicle does have limitations and not all rights or privilages that one has in their home does not carry over to their vehicle. Examples in my opinion would be consumming alcohol, "birthday suits" worn in the vehicle. There may be more but, I cant remember them off the top of my head.
     

    thperez1972

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    Ok , I agree I may not be explaining myself clearly . Would you all agree that there are freedoms that you enjoy in the privacy of your home that would not be allowed in your vehicle ? So the whole " extension " thing has limitations , right ? It is not a direct extension with all rights and privileges being equal .

    No, it is not a direct extension. There are limitations that come along with the fact it is a vehicle. Open container, for example. I would say nudity but there are also limitations in a home for this as well.

    LA R.S. 14:106
    "The crime of obscenity is the intentional:
    (1) Exposure of the genitals, pubic hair, anus, vulva, or female breast nipples in any public place or place open to the public view, or in any prison or jail, with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive."

    If you stand naked in the front window of your home next to the elementary school and watch the kids walk by, you will be arrested.

    As far as search and seizure, can you be a little more specific? There are a number of scenarios to take into consideration. As long as the police are in a place they are legally allowed to be, plain view comes into play, even in the home. If your front yard is set up in such a way to where a reasonable person would see it as acceptable to knock on the front door, answering the door with 37 individual baggies of vegetable matter recognized by the officer through his training and experience to be consistent with marijuana will likely get you detained and possibly arrested on the spot without a warrant being needed. A search of the house beyond that point for reasons other than a sweep for persons in the interest of the safety of you and the officers would require a warrant. That means the officers can open a closet door to look for a person but they cannot open a shoe box, as a person cannot reasonably fit in such a small space. If, on the other hand, you have a locked front gate with a doorbell at the gate, it may not be reasonable to say the officers would be allowed plain view from the front porch as the porch is not reasonably accessible.

    If you are arrested while driving for a traffic offense and a search incident to arrest reveals a knotted corner of a clear plastic baggie containing a white powdery substance, it may be reasonable for the police to perform a "wingspan search" of the car. But if the glove box is locked, they may be required to get a warrant before opening it. But they may be allowed to open the backpack on the passenger seat.

    So in some cases, it works a little differently. In other cases, it may work the same.
     
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    Gator 45/70

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    Ok , I agree I may not be explaining myself clearly . Would you all agree that there are freedoms that you enjoy in the privacy of your home that would not be allowed in your vehicle ? So the whole " extension " thing has limitations , right ? It is not a direct extension with all rights and privileges being equal .

    From what I gather the so called extension of home really is to protect one in the event of a car jacking?
    I could be wrong since I am a professional curb side lawyer
     

    charlie12

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    I've heard before the saying came out from the Insurance Companies for coverage for homeowners. And some people applied it to guns and ran with it.
     

    Magdump

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    There's no clear cut answer to the unclear question except:
    Law Enforcement can and will do what ever they please in any situation at any given time. Prepare your mind for that scenario. Comply. Do not resist. If you survive the encounter, hire a good attorney and go have that day in court. Seems like that's the only place you might find any answers.
     
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    bigtattoo79

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    Law Enforcement can and will do what ever they please in any situation at any given time.

    That is a ignorant statement. Post like this is why BS lost so many good members.
     
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    Magdump

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    That is a ignorant statement. Post like this is why BS lost so many good members.

    Only the truth big guy. And I truly doubt my post will run off one "good member" but may save a life. I base that statement on years of worst case scenarios and the facts. Call it ignorance if you wish, won't change anything. If people come to terms with the fact that they stand a better chance complying with the officer in the field regardless of right or wrong, civil rights, right or left, etc. they might not be so inclined to plead their case outside the courtroom and become another statistic. It's the truth.
    Try not to take that as a blanket statement labeling all LEO's anything derogatory, as I didn't mean it as any sort of cop bashing statement.
     
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    bigtattoo79

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    Only the truth big guy. And I truly doubt my post will run off one "good member" but may save a life. I base that statement on years of worst case scenarios and the facts. Call it ignorance if you wish, won't change anything. If people come to terms with the fact that they stand a better chance complying with the officer in the field regardless of right or wrong, civil rights, right or left, etc. they might not be so inclined to plead their case outside the courtroom and become another statistic. It's the truth.
    Try not to take that as a blanket statement labeling all LEO's anything derogatory, as I didn't mean it as any sort of cop bashing statement.

    1st all I agree complying is the best bet then sort it out in court "and that's why I think the arrested nurse was a dumb ass that's lucky she didn't get slammed on the ground".

    Saying: "Law Enforcement can and will do what ever they please in any situation at any given time." Is a blanket statement implying that all/most LEOs step over the line and that's total BS!

    Now I'd agree "some" LEOs do step over the line and it would suck to debate that LEO outside the court. If you had just put SOME in front of LEOs I would have agreed with you 100%.
     

    Blue Diamond

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    Only the truth big guy. And I truly doubt my post will run off one "good member" but may save a life. I base that statement on years of worst case scenarios and the facts. Call it ignorance if you wish, won't change anything. If people come to terms with the fact that they stand a better chance complying with the officer in the field regardless of right or wrong, civil rights, right or left, etc. they might not be so inclined to plead their case outside the courtroom and become another statistic. It's the truth.
    Try not to take that as a blanket statement labeling all LEO's anything derogatory, as I didn't mean it as any sort of cop bashing statement.

    +1 Big Tat can stay in his little world with pink unicorns flying around and all the houses have white picket fences but anyone that has a relationship with local LEO knows what happens in the real world.
     

    Firearmfanatic

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    +1 Big Tat can stay in his little world with pink unicorns flying around and all the houses have white picket fences but anyone that has a relationship with local LEO knows what happens in the real world.

    Well said. Especially about what happens in the real world! ;)
     
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