Street Preacher Arrested in Bluefield, WV for Graphic Anti-Abortion Signs

Edgar Orea brought me this footage. He’s a street preacher who was arrested in Bluefield, West Virginia for the content of his protected First Amendment speech. Edgar and his wife moved to Bluefield in order to serve the people of nearby McDowell County, West Virginia, which is the poorest county in the entire nation. But from the very beginning, they were harassed by the Bluefield Police Department, as you’ll see in the video. The police objected to the content of their message. In this particular incident, they actually arrested Mr. Orea and took him to jail based on the content of his anti-abortion sign, which showed an aborted fetus.

There was a similar case litigated in Kentucky: World Wide Street Preachers’ v. City of Owensboro, 342 F.Supp.2d 634 (W.D. Ky. 2004). In that case, another street preacher was arrested in a public park for showing a large sign with a similar photograph of an aborted fetus. The police claimed that this was causing public alarm and was likely to cause a confrontation. So they cited the individual, but otherwise didn’t arrest him or interfere with his other activities. The Court held:

A function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. Terminiello v. Chicago, 337 U.S. 1, 4, 69 S.Ct. 894, 93 L.Ed. 1131 (1949)….

In light of Supreme Court precedent, the Court cannot find that the Plaintiffs’ sign, no matter how gruesome or how objectionable it may be, constitutes “fighting words.” The Plaintiffs’ speech, whether one agrees with it or not, was certainly not of “slight social value.” Rather, their speech was a powerful, albeit graphic commentary on a societal debate that divides many Americans. Furthermore, their speech was not directed at any particular person. Their speech commented on a highly significant social issue and was calculated to challenge people, to unsettle them, and even to anger them, but not to insult them. Such social commentary is not only protected under Supreme Court precedent but also is highly valued in the marketplace of ideas in our free society. 

Here, the Bluefield Police Department did much more than issue a citation, but rather placed Mr. Orea in handcuffs and carted him off for incarceration. Then they refused to return his signs, except for one. They charged him with two criminal misdemeanors: disorderly conduct and obstruction, two favorites of law enforcement officers for arresting people who have committed no crime. Fortunately, the charges were dismissed by the Court following a motion to dismiss based on the First Amendment.

Case of Michigan Man Sitting in WV Jail Begs the Question: Do Police Need a Warrant to Enter/Search/Seize an RV or Motorhome?

In my last video I featured the case of a Michigan man currently rotting in a West Virginia jail for the high crime of traveling through West Virginia with a few hemp plants, possibly marijuana, I don’t know. A video of him refusing to consent to police entering his RV was shown in a Youtube video by the Real News Network, highlighting the actions of the Milton Police Department (which is in Cabell County, WV), including the fact that they take in a huge amount of fines as a result of their policing, despite having only around 2,500 residents. This begs the question, first of all, in general, do police need a warrant to enter, search, seize, etc., an RV or motorhome? Or is it just like regular automobiles, where only probable cause is required, rather than a warrant? Here’s the video, and below I’ll post an explanation of the applicable law:

Do police need a warrant to search an RV?

The Fourth Amendment generally requires the police to obtain a warrant before conducting a search. There is a well-established exception to this requirement, however, for automobile searches. See, e.g., Carroll v. United States, 267 U.S. 132, 153, 45 S.Ct. 280, 69 L.Ed. 543 (1925). Under this exception, “[i]f a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment thus permits police to search the vehicle without more.” Pennsylvania v. Labron, 518 U.S. 938, 940, 116 S.Ct. 2485, 135 L.Ed.2d 1031 (1996). Thus, once police have probable cause, they may search “every part of the vehicle and its contents that may conceal the object of the search.” Id. 

In California v. Carney, 471 U.S. 386, 390, 105 S.Ct. 2066, 85 L.Ed.2d 406 (1985), the Supreme Court held that a mobile home, on the facts presented, was more characteristic of an automobile than a fixed residence. 

The Court did look to the nature of the location where the vehicle was discovered, but only to ascertain whether the vehicle itself was, in an ontological sense, in use as a “movable vessel” or as a fixed residence. Hence, the Court’s reference to a “place not regularly used for residential purposes,” Carney, 471 U.S. at 392, 105 S.Ct. 2066 — from which the police would be less likely to infer that the object was residential in nature — served as a guidepost to determine, whether the object encountered was a vehicle or a residence. 

Summed up: was the RV on a public road, or situated such that it is reasonable to conclude that the RV was not being used as a residence?

1. Is the vehicle readily mobile? Absent an immediate search and seizure, could it have quickly been moved beyond reach of the police? Was the vehicle licensed “to operate on public streets” and subject to inspection as a motor vehicle?

2. Was the vehicle so situated that an objective observer would conclude that it was eing used not as a residence, but as a vehicle?

3. The search still must be reasonable under the circumstances. Was the search that occurred otherwise reasonable as would have been approved by a neutral judge had the officer applied for a search warrant?

If the vehicle can be categorized somewhere within the realm of a residence, rather than an automobile, then a warrant may be required. As with many search and seizure issues, the result will turn on the particular facts of each case. Or they should anyways…..