A motorhome that is readily mobile is considered a motor vehicle for purposes of applying the motor vehicle exception. True or false?

A motorhome that is readily mobile is considered a motor vehicle for purposes of applying the motor vehicle exception. True or false?

• A. True
• B. False
• C. Only if the motorhome is unoccupied
• D. Only if used for long-distance travel

Answer: (A)

The key idea is that the motor vehicle exception applies to any vehicle that is readily mobile—capable of being moved with little delay. A motorhome fits this description because it is built on a wheeled chassis and can be driven away, making it a motor vehicle. So, when there is probable cause to search for evidence, police may conduct a warrantless search of a motorhome under this exception, regardless of whether it is occupied or currently being used for long-distance travel. Occupancy or travel purpose doesn’t determine the exception; mobility does.

The key idea is that the motor vehicle exception applies to any vehicle that is readily mobile—capable of being moved with little delay. A motorhome fits this description because it is built on a wheeled chassis and can be driven away, making it a motor vehicle. So, when there is probable cause to search for evidence, police may conduct a warrantless search of a motorhome under this exception, regardless of whether it is occupied or currently being used for long-distance travel. Occupancy or travel purpose doesn’t determine the exception; mobility does.