US v Houck – 8th Cir (26APR2018)

US v Houck – 8th Cir (26APR2018)

This case involves the search of a recreational vehicle (RV) as the part of the premises for which a search warrant was issued.  When the officers arrived to execute the premises warrant the defendant had an RV and a pickup truck in the driveway. The truck had a trailer attachment but the RV was not connected to the truck. The RV had valid plates and inspection tags and fully inflated tires and had no permanent attachments to the ground. However it was connected to water and electric lines and had a satellite antenna attached to the roof.

The warrant allowed for the search of vehicles on the premises. The defendant argued that the RV was not a vehicle but rather was a separate residence that was not included under the warrant. The Eighth Circuit found that the officers interpretation of the warrant was not unreasonable, even assuming for arguments sake that it was incorrect. Accordingly it was not unreasonable for them to treat the RV as a vehicle within the scope of the search authorized by the warrant.

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