Kavanaugh sits on RV case at SCOTUS

[joanbill]

According to a news article:
"....The court is also expected to hear United States v. Stitt and United States v. Sims ? both cases which have been consolidated. These cases ask the court to determine whether ?burglary of a nonpermanent or mobile structure that is adapted or used for overnight accommodation can qualify as ?burglary? under the Armed Career Criminal Act of 1984,? according to SCOTUS Blog."

Just found a bit more on the case at:
http://www.scotusblog.com/2018/04/justices-grant-review-in-armed-career-criminal-act-cases/

And still more at:
http://www.scotusblog.com/2018/10/argument-preview-what-vehicle-burglaries-if-any-count-for-enhancing-armed-career-criminal-act-sentences/

Sounds like RV folks should have an interest in this one.




Bill

 

[scottydl]

In Illinois, there are 3 categories of burglary... simple burglary (used for businesses), residential burglary (residences), and burglary to motor vehicle (self explanatory). Res Burg becomes Home Invasion (more serious) if the residence is occupied by people. So for those reasons, I could see how it might be beneficial to have an occupied RV considered a "residence" over a "vehicle" for the purposes of charging and sentencing on a more serious offense.

 

[Memtb]

  I would hope that an occupied RV would be considered a residence (same as a brick and mortar), and laws be the same for both!

 

[Oldgator73]

If you lived in your car would a carjacking be considered a home invasion?

 

[joanbill]

If you lived in your car would a carjacking be considered a home invasion?

I would vote for that and the Castle Doctrine would apply.

Bill

 

[signcut]

If you lived in your car would a carjacking be considered a home invasion?

While this might be tongue-in-cheek, I'd say that if it were being driven, which would be the requirement for carjacking, then no. If it is parked with the resident inside when broken into, then that may fit the parameters of home invasion, depending on what the perpetrator does after... but legalese will ultimately make the call.

Personally, I don't find that comforting.

 

[scottydl]

If you lived in your car would a carjacking be considered a home invasion?

No, because a car does not fit the legal definition of a residence... even if its being used that way, for lack of any other home. However without looking up the statute, I'm betting Vehicular Hijacking or Robbery (or Aggravated Robbery if a deadly weapon was used) could apply to a vehicle forcefully taken from its owner, and are just as serious class-wise as Home Invasion.

Although I'm not sure your question was serious.

 

[John From Detroit]

Most Carjacking the car is NOT being driven (In motion) and if it's not drivable the carjacker won't get far.

I do agree though the major differnce between car jacking and home invasion is the charge sheet.  You get caught ... Well in the days of old "Carjacking" was horse theft and that was a hanging crime... Today it's not quote that extreme. but it is about the same as home invasion.. and for some thieves it still works out to "hanging" as the car (or home) owner pulls out a Sig-Sauer and explains to the thief that it is in fact loaded... or rater was 2 minutes ago.

 

[Oldgator73]

Okay. Nobody prefaced their response with ?I?m not a lawyer but....?.

 

[signcut]

Most Carjacking the car is NOT being driven (In motion) and if it's not drivable the carjacker won't get far.

Not sure that I understand your point; are you saying that most carjackings occur when the vehicle is unoccupied? Because that isn't carjacking, but vehicle theft. Carjacking occurs when the car is taken from someone who is occupying (as a driver) the vehicle...

 

[signcut]

Okay. Nobody prefaced their response with ?I?m not a lawyer but....?.

True...  lol