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Old 09-22-2014, 02:36 AM   #29
fatalelement
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Originally Posted by finch1750 View Post
Isn't having any violation of the vehicle code giving good cause to search for other violations? I thought I had seen that from some legit source (can't remember where ATM though)
Nope. Unless I'm hugely mistaken, and I've consulted a judge I know on similar issues, probable cause can't be "general illegality", it must be specific evidence as to a specific crime. If your tail light is out they can't search your car, etc. Lowered suspension doesn't mean they can say "you probably have a non carb intake let me see".

For example, a "legalize weed" sticker can't be the probable cause behind searching a car for drugs. If they hear a clearly non catted and muffled exhaust and can explain why they felt the entire exhaust system is likely to be modified, then they can probably pop your hood, but you don't have to do it for them and they have to be ready to explain it to a judge.

The important part is that if at any point you pop the hood when they ask you to or tell them about a questionable modification, they can def cite you for it because you either told them that it was there (which is 110% probable cause) or waived your right to refuse a search by inviting them to do so. They are always free to take the 5 minutes it takes to get a phone warrant from a judge, who will probably tell them to stuff it and get back in their car.

Just don't be an ass, and calmly tell them you aren't consenting to a search without a warrant, and ask if you are free to go and if the reason for the stop has been dealt with. Pretty much all you're obligated to do is provide your license and insurance.

They might still say we're allowed to search your vehicle because of x. Cops can bluff like that, but if they're asking or implying "we can do x" or "why don't you open x", they are intelligently attempting to get you to consent. I don't blame them, it's their job. If they have to ask or inform you, it's because they know they can't do it without your go-ahead.

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Old 09-22-2014, 01:22 PM   #30
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