Reward for lost Kraken!
Join Date: Apr 2006
Thanked 141 Times in 138 Posts
Rep Power: 11
"I doubt that boats are not covered due to a loophole. Searches of cars are covered by the fourth amendment, as are houses and apartments and mobile homes."
That changed in the early 70's. First a case went up to the US Supreme court about a searches, and it was ruled protected as part of your "effects", exactly the same way that one's carriage was protected in the 1770's.
Then a state came up with the concept that driving was a privilege, not a right, and that part of your licensing & registration can b a requirement that you consent to searches. USSC upheld the change, even though one might think it is illegal to require something like that.
That's the law and the theory that has been used to uphold it, ever since. Further, the federal government does NOT recognize vehicles as "homes" or "residences" in general. The IRS recognizes vehicles with certain equipment as homes, for the limited purpose of tax deductibility. But they still won't mail your returns to your boat, that's not sufficient. Nor do IRS rules bind anything else.
The laws, and how the courts have contorted them, are rarely what they seem. Unless you do your homework and look at their history...and how the latest judge weaseled past them.