Is a motor home entitled to the same Fourth Amendment rights as a home?

California, United States of America


The following excerpt is from People v. Carney, 194 Cal.Rptr. 500, 34 Cal.3d 597, 668 P.2d 807 (Cal. 1983):

At the very core of the Fourth Amendment protection against warrantless searches stands the right of an individual to retreat into his own home and there be free from unreasonable government intrusion. An individual " 'can still control a small part of his environment, his house; he can retreat thence from outsiders, secure in the knowledge that they cannot get at him without disobeying the Constitution.... A sane, decent, civilized society must provide some such oasis, some shelter from public scrutiny, some insulated enclosure, some enclave, some inviolate place which is a man's castle.' " (Silverman v. United States, supra, 365 U.S. 505, 511-512, fn. 4, 81 S.Ct. 679, 682-83, fn. 4, 5 L.Ed.2d 734.) These principles hold true no less for the home resting on wheels than for the home resting on a cement foundation. In that the outward appearance of the motor home here would have alerted a reasonable person to believe it was likely to be serving as at least a temporary residence, it was entitled to the protections traditionally given to a home. 7

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